The following sets out the terms and conditions on which Times Publishing Limited and/or its subsidiaries (collectively referred to as the "TPL Group", and collectively and individually referred to as "we", "us" or "our" as the context permits) offer you access to and use of our Site (defined below) and Services (defined below).
By visiting, browsing and accessing the Site, and/or using the Services, you are deemed to have read, understood and agreed to be bound by:
all of which together constitute the entire agreement (the “Agreement”) between us in relation to your access to and use of the Site and the Services.
If you do not agree to be legally bound by the Agreement, you are not permitted to access or use the Site and/or Services, or any part thereof.
“Accepted Order” means any Order that is accepted by us in our sole and absolute discretion.
“Class Bookings” means bookings or reservations for classes, camps, conferences, seminars, workshops and other similar services offered by us on the ‘Marshall Cavendish Classes’ booking and reservation platform on the Site.
“Digital Products” means any digital content made available on the Site that you may purchase (a license for the use thereof) and download upon issuance of an Accepted Order, and includes electronic books (including Licensed eBooks and MC eBooks), audiobooks, audio/video content, games, music (e.g. in MP3 format), software and/or any other materials or content that are digitally encoded.
“MC eBook” or “Marshall Cavendish eBook” means an electronic book published, supplied and/or licensed by Marshall Cavendish International (Asia) Private Limited.
“Order” means your offer to purchase a Product/Product(s) on the Site.
“Physical Products” means products other than Digital Products that you can purchase from us on the Site, and include personalised books, books, stationery, and/or any other products that are not available for downloading upon issuance of an Accepted Order.
“Product” means any good or service made available on the Site that you may purchase from us, including Physical Products, Digital Products and Class Bookings.
“Service” means the e-commerce platform owned and operated by us at the Site, and all features, content, services and applications offered by us to you or made available to you by us on or through the Site or otherwise in connection therewith, and any and all updates, upgrades, supplements and releases thereto as may be provided by us from time to time;
“Site” means the website at https://www.marshallcavendish.com/ which is owned and operated by Marshall Cavendish International (Asia) Pte Ltd, a subsidiary of Times Publishing Limited, such as may be amended or updated by us from time to time, and/or any other URL that we may specify from time to time, and all web pages thereunder.
“Supplier” refers to a company or entity which has entered into a contractual relationship with us to supply one or more of the Products which we offer for sale on the Service, and/or a company or entity which is the manufacturer, licensor or publisher of a Product, as the case may be.
“User Content” means any artwork, ideas, plans, drawings, graphic representations, animations, designs, information, files, data, text, graphics, photographs, usernames, profiles, audio, video, items, links, feedback, comments, submissions, and/or any other content or materials (or their selection and arrangement) that you submit, post or upload to, or make available and/or display on the Site and/or Service, or that you submit to us through any other channel (including by post, email, social media and/or messaging services).
1.2 The TPL Group also offers other services that may be accessible from, linked to or associated with the Site and/or Service, which are governed by additional terms and conditions. Your use of such other services will accordingly be subject to such additional terms and conditions.
1.3 The Site may be accessed by you in any part of the world but some Products, including Physical Products, may not be available in your territory. Please read the Product description for the Product’s availability in your territory. Your territory is contingent on the location of your IP address.
2.1 You confirm that if you are below 18 years of age, that you have the full consent of your parent or guardian to access and use the Site and Service, and to enter into the terms and conditions in this Agreement.
2.2 If you are the parent or legal guardian of a child under the age of 18, you are agreeing to the Agreement on behalf of yourself and your child(ren) who is/are accessing and/or using the Site and Services.
- User Account
3.1 You may browse the Site to a limited extent, without signing up for an account. However, some of the services offered on the Site are available to registered users only.
3.2 When you register for an account on the Service, you will be directed to register for an Account..
3.3 We reserve the right, in the exercise of our sole discretion, to refuse to offer access to or use of the Site and/or Service to any person or entity, refuse any account application, to suspend or terminate any Service account and/or to change the eligibility criteria for registration at any time, for any reason and without notice to you.
- Collection, Use and Disclosure of Information
(a) personal data including your name, profile picture, physical address, phone number and email address;
(b) billing information;
(c) shipping information;
(d) information that you provide in your Account;
(e) your purchase history, including purchase dates, products purchased and purchase amounts;
(f) non-personal data including information about the hardware you may own, your favourite websites, friend information (such as friends of yours that are also connected to our Service), and your physical location;
(g) aggregate information including internet protocol addresses, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity;
(h) information on your activities on the Service; and/or
(i) identification information about your IP address(es) and operating system(s),
and the purposes for which such information is collected, used and disclosed include:
(i) improving the Site and/or the Service;
(ii) processing your Orders, Accepted Orders and payment instructions;
(iii) enabling Suppliers to process or contact you regarding your orders with them,
(iv) policing and enforcing the provisions of the Agreement;
(v) sending you information, promotions and updates including advertising and marketing materials for our products and services and those of third parties selected by us;
(vi) sending you marketing messages in various modes including by electronic mail, electronic direct mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services;
(vii) comparing it with information from other sources;
(viii) monitoring third party programs running concurrently with the Service, in order to detect the use of unauthorised third party programs; and/or
(ix) where we believe that doing so is necessary for protecting your safety or the safety of others.
4.2 Third party applications, software, social networks and services, including those made available by Suppliers (“Third Party Services”) may be used in conjunction with or accessed in the course of the use or provision of the Service. Information may be collected from you through or provided to us by such Third Party Services, and you consent to the collection, use and disclosure of such information in accordance with the relevant Third Party Service’s terms and policies, including in the manner set out below:
(a) Third Party Payment Processors
The Service works with third party payment processor and payment gateway provider Stripe to enable online payments for purchases on the Site. You hereby authorise us to transmit to or obtain from such third parties, information about you (including your Personal Data) for purposes related to the handling, processing, payment or fulfilment of your Orders/Accepted Orders, including conducting verification checks involving your credit/debit card number or credit reports in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorisation, to protect you and us from fraud, to process payment transactions, facilitate billing and to otherwise deliver payment services.
(b) Third Party Logistics Providers
We engage third party logistics providers to deliver Products to you under an Accepted Order. You hereby authorise us to transmit to or obtain from such third parties, information about you (including your Personal Data) for purposes related to the handling, processing, fulfilment or delivery of Products under your Accepted Orders, including to enable and arrange delivery of Products to your nominated delivery address, and to send you updates on the delivery status through text or email messages.
4.4 We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, our cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called “clear gifs” or “beacons”) to help manage and optimise online advertising. Beacons enable us to recognise a browser’s cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site.
- Maintenance, patches and updates
You acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Site and/or Service. Notwithstanding the foregoing, you acknowledge and agree that we may need to interrupt or suspend your access to the Site and/or Service from time to time, for maintenance, technical or other reasons.
- Communication Channels
6.1 The Service may provide communication channels such as and including forums, communities, message boards or chat areas (“Communication Channels”) designed to enable you to communicate with other users. We have no obligation to monitor these Communication Channels but may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are not endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. We will not under any circumstance be liable for any activity within Communication Channels, and you participate in the same at your own risk.
6.2 You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Additionally, we may monitor, record, review, modify and/or disclose your communications on the Communication Channels, without notice to you, and you hereby consent to such monitoring, recording, review, modification and/or disclosure.
6.3 We are not responsible for User Content, personal data or other information that you choose to share on the Communication Channels, or for the actions of other users.
- Rules of Conduct/Usage
7.1 You shall use the Service in a lawful manner at all times and hereby undertake NOT to do any of the following in connection with your use of the Service:
a) post, upload, transmit or otherwise disseminate information that is unlawful, tortious, defamatory, abusive, harmful, invasive of another’s privacy, obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable or offensive;
b) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, or make personal attacks against other users or statements that are racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
c) upload, post, publish, distribute, disseminate or otherwise transmit any content in breach of any law or any obligations under contractual or fiduciary relationships (including obligations of confidentiality);
d) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Site, Service or other users’ computers;
e) infringe our, or any third party’s intellectual property rights, rights of privacy or publicity, or any other rights including using, uploading, transmitting, distributing, or otherwise making available any information through the Site and/or Service in any manner that infringes such rights;
f) attempt to obtain passwords or other private information from other users;
g) access, tamper with, or use non-public areas of the Site, Service, our computer systems, or the technical delivery systems of our providers;
h) attempt to probe, scan, or test the vulnerability of our systems or networks or breach any security or authentication measures;
i) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent technological measures implemented to protect the Site, Service or User Content;
j) attempt to access, search or download the Site, Service or User Content, through the use of any technology or means other than those provided or authorised by us (including automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
k) extract, scrape, index, copy, or mirror the Site, Service or User Content or portions thereof;
l) frame or link to any part of the Site or Service without our written permission;
m) take any action that imposes, or may impose in our opinion, an unreasonable or disproportionately large load on our infrastructure;
n) do anything that would interfere with, alter or disrupt the Service or the operation of the Site, or the servers or networks connected to the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Site and/or Service, or inhibit or interfere with another user’s use and enjoyment of the Service;
o) violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Site and/or Service;
p) do anything that would interfere with or disrupt the Site, Service or servers or networks connected to the Service servers, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfere with another user’s use and enjoyment of the Service; and/or
q) attempt to gain unauthorised access to the Service, other users’ accounts on the Service, user passwords, private or personal information of users of the Service, or private mailing lists on the Service through password mining or any other means.
7.2 Failure to comply with any provision under the Agreement constitutes a material breach. We will determine, in our discretion, whether a breach has occurred through your use of the Service. Where we determine that such a breach has occurred, we may take such action as we deem appropriate including:
(a) immediate, temporary or permanent removal of any content uploaded by you;
(b) immediate suspension or termination of your access to and/or use of the Service or any part thereof;
(c) issuance of a warning to you;
(d) instituting legal proceedings against you for such breach; and/or
(e) disclosure of such information related to the breach to law enforcement authorities as we may feel is necessary.
You agree that we need not provide you notice before terminating or suspending your account.
- User Content
8.1 You hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, display, reproduce, modify, adapt, publish, broadcast, distribute, exploit and create derivative works of your User Content in whole or in part, for any purpose as we may require in our sole discretion, including for commercial, non-commercial and/or promotional use. You warrant that the use or reproduction of your User Content by us will not violate or infringe the rights of any third party, and you hereby agree to indemnify, defend and hold us harmless for all claims, liabilities, damages and expenses (including legal fees and expenses on a solicitor-client basis) arising from your breach of this warranty.
8.2 Each user of the Service is responsible for the User Content that it uploads or posts on the Service and we make no warranty as to its accuracy, quality, legality or integrity. You agree that we will not under any circumstances be liable for any User Content, including errors or offensive material in any User Content.
8.3 We have no obligation to regulate User Content but may do so. We reserve the right to review all User Content on the Service and to remove any User Content for any reason in our sole discretion without notice.
- Limited Licence
9.1 Subject to your agreement to and continuing compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site and the Service.
9.2 You may not:
(a) copy, modify, or create derivative works based on, the Service or any part thereof;
(b) distribute, transfer, sublicense, lease, lend, or rent the Service or any part thereof ;
(c) reverse engineer, decompile, or disassemble the Service or any part thereof;
(d) make the functionality of the Service or any part thereof available to multiple users through any means; and/or
(e) use scripts to automatically mass download any content from the Service or any part thereof, or engage in or allow the automatic gathering of information or the automatic extraction of data from the Service (including “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses).
9.3 We reserve the right to change, suspend, remove or disable access to the Service or any part thereof at any time without notice. In no event shall we be liable for the removal or disabling of, or for suspending or imposing limits on, access to or use of the Service.
- Limitation of Liability
- Terms and Conditions of Sales
10.1 Products sold by us
Purchases of Products are subject to the Sales Terms set out in Schedule 1.
- Promotional Codes and Vouchers
11.1 We may from time to time offer discounts or run promotions, contests, surveys, privileges, events and other programmes (“Promotions”). Promotions shall be effective only for the applicable promotional period and on a “while stocks last” basis, and shall be subject to such other additional terms and conditions as we may publish from time to time.
11.2 The use of credits, vouchers, coupons and codes (“Vouchers”) are subject to the following terms as well as any other Voucher terms printed on the Voucher or specified on the Site or email from us where the Voucher was offered (“Specific Voucher Terms”):
(a) each Voucher is eligible for a single use only (unless otherwise specified) and is only valid for the time period specified by us;
(b) we reserve the right to withdraw or deactivate any Vouchers (other than a paid-up gift card) for any reason at any time;
(c) Vouchers may only be redeemed through our Site, and in accordance with our instructions;
(d) Vouchers may only be redeemed by purchasing certain products from the Service during the applicable validity period. Unless otherwise stated, Vouchers are only applicable to regular-priced Products and do not apply to the Products already on discount or promotion and other excluded items specified in the Specific Voucher Terms;
(e) use of any Voucher must be indicated at the time of checkout, and all information required by us must be provided. No retroactive use of the Voucher is permitted;
(f) Vouchers cannot be used in conjunction with any other Promotions or Vouchers, unless otherwise stated;
(g) some Vouchers are subject to a minimum purchase requirement. Taxes, shipping and handling and other charges do not apply towards meeting the minimum purchase amount;
(h) Vouchers cannot be refunded, redeemed or exchanged for cash;
(i) no refund or residual credit will be added to your account if you place an order for a Product less than the value of the voucher;
(j) if the credit of the Voucher is insufficient for your Order, you must pay for the balance of your purchase;
(k) resale, transfer and sharing of Vouchers are strictly prohibited, save that gift vouchers, if offered by us, may be purchased by you and given to others;
(l) no reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Vouchers is allowed;
(m) Vouchers are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used;
(n) we reserve the right to verify the validity of any Voucher and to declare null and void and charge full price for Products purchased, any Voucher that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used; and
(o) each Voucher type has different requirements and rewards including Specific Voucher Terms, and such terms must be met in order to be eligible for the Voucher and to receive the discount or offer covered therein.
11.3 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” and while stocks last basis. No cash or credit will be offered in lieu of the gift. Where you are permitted to return any Product to us for a refund/credit and such Product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such Product. Where the promotion or discount had applied to the entire Accepted Order, we will refund you the selling price of the returned Product less the promotion or discount applied to the returned Product on a pro-rata basis. Further, any free promotional gift given with an Accepted Order must also be returned if you are returning the Product(s) to which the gift related. If the total value of your Accepted Order is reduced below the value of the qualifying free delivery or any promotion/discount qualification because of a returned Product, we may charge the delivery fee and/or the full value of the
Accepted Order without the promotion or discount.
11.4 Our decision on all matters relating to Promotions, Vouchers and other rewards and privileges is final and binding.
11.5 We reserve the right to alter, withdraw or discontinue any Promotion or Voucher at any time without notice or liability.
12.1 You must pay for your Accepted Order(s) only via payment methods which are accepted by us and/or our payment processor from time to time (which are subject to change without notice to you) including MasterCard, AMEX, and Visa credit/debit cards, or PayNow. We cannot accept payment by cheque, postal order or proforma invoices.
12.2 You are responsible for the timely payment of all fees, which will be billed to you based on the billing details and preferred payment option you have on record with us and/or our payment processor. If you wish to designate a different credit card or if there is a change in your credit card, you must change the billing information on your account through the Service. Your access to the Service may be temporarily suspended or disrupted while we verify your new billing information.
12.3 All credit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your credit card refuses to authorise payment, we will not be liable for any delay in delivery or non-delivery.
12.4 All credit card transactions on this Site are processed using third party payment gateway, Stripe. You will be responsible for complying with any terms and conditions and charges imposed by such third party service providers in connection with services they provide to facilitate your online payments. We shall not be responsible for any damage, injury or loss sustained by you or any other party caused by or in connection with your use of these third party payment processing services through our Site (including any errant or invalid transactions, or unprocessed transactions due to a network communication error, or any other reason). You agree that we are not responsible for missed payments, fraud, unavailability or hacking of our third party payment processors, or any other issues related to payments.
We may attach banners, java applets and/or such other materials to the Site for the purposes of advertising our (or our affiliates' or Suppliers’) products and/or services.
- Contact Us
If you have any questions or comments about these Online Terms, please contact us at email@example.com
Purchases of Products shall be subject to the following terms and conditions (“Sales Terms”):
- Product Information and Pricing
1.1. While we endeavour to provide accurate information on the Products (including pricing information and product descriptions), we do not warrant that such information is accurate, current, complete, reliable, updated or free from error. Without limiting the generality of the foregoing, you acknowledge and agree that Product pictures on the Site are provided to help you recognise the Products, but due to packaging or product redesign and improvements, these may not reflect exactly the Product you will receive. We reserve the right to amend the prices and other details of the Products on the Site at any time without giving any reason or prior notice.
1.2. Unless otherwise indicated, all prices are in Singapore dollars regardless of sales location.
1.3. The total price of your Accepted Order will include the price of the Product and any applicable Goods and Services Tax (GST). For Products purchased outside of Singapore, you shall be responsible for all other sales tax and charges that may be applicable.
1.4. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
1.5. The price to be paid by you for a Product shall be based on our prevailing selling price at the time we receive your Order, which may or may not be correctly reflected on the Site. If the actual price of any Product ordered by you is higher than that reflected on the Site at the time you placed your Order, we will inform you and you will be given an option to confirm or cancel your purchase of such Product based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such Product in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
- Placing Orders
2.1. To place an Order with us you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with us only with involvement of a parent or guardian.
2.2. You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of Products through the Site.
2.3. You may place an Order by following the instructions on the Site. You shall be responsible for ensuring the accuracy of your Order. All Orders placed by you through the Service shall be deemed to be an offer made by you to purchase the selected Product(s) and quantities set out in your Order for the price notified (including delivery and other charges and taxes) at the time you place the Order.
2.4. Some Products on the Service are age-restricted and are intended/recommended for and/or should only be purchased by persons who are above the specified age. If your order includes any age-restricted product, you warrant that you are not under the specified age and that you are legally entitled to purchase such product. You shall ensure that no other person uses your account to purchase age-restricted items.
2.5. When you place an Order, actual payment will be only charged to you upon an Accepted Order.
- Order Handling and Acceptance
3.1. All Orders are subject to our acceptance. We reserve the right, without prior notice, to:
(a) accept or reject your Order for any reason, including if the requested product is not available, if there is an error in the price, Product description or Order; and/or
(b) limit and/or cancel the order quantity on any Product,at our absolute discretion, without any liability to you.
3.2. Receipt of, or the processing of payment for, an Order shall not in itself constitute acceptance of the Order by us. Where an Order for any Product(s) is rejected or cancelled by us, any payment made for such Order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time, as notified on the Site. If we reject your Order, we will endeavour to notify you either at the time you submit the Order or within a reasonable time thereafter.
3.3. Each Order accepted by us (i.e. “Accepted Order”) shall constitute a separate binding agreement between you and us for the supply of the Products in respect of which such Order was placed, and to which these Sales Terms. You acknowledge that unless you receive a notice from us accepting your Order, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly we shall not be liable for any loss, liability or damage which may be incurred as a result. For
3.4. Subject to Section 3.5 of these Sales Terms, you acknowledge and agree that we may at any time:
(a) at our sole and absolute discretion and without giving any reason or prior notice, require that you identify yourself by alternative means, or require any Order to be confirmed through alternative means (including in writing given in person or by email); and/or
(b) decline to process the Order at any time without giving any reason or prior notice, including to, (without incurring any responsibility for loss, liability or expense arising out of so declining to process) refrain from processing promptly upon any Order in order to verify the authenticity thereof or decline to process the Order where they are ambiguous or incomplete.
3.5. We are under no obligation to investigate the authenticity or authority of persons making the Order or to verify the accuracy and completeness of the Order. Accordingly, we may treat the Order as your authentic and duly authorised instructions which are valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Order.
- Cancellation of Orders
4.1. We will cancel your Order if we are unable to accept your Order within seven (7) days from the date on which you placed the Order, with the exception of Products that have not yet been released for sale and for which we are accepting pre-orders.
4.2. You cannot cancel an Order (or part of an Order) once payment has been made. All Orders will be deemed to be irrevocable and unconditional upon transmission through the Site and we shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances (such as stated in Section 8 of the Sales Terms), you may request to cancel or amend the Order which we will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Order.
- Product Warranties
5.1. Products on the Site are sold by us to you on an “as is” basis, and we make no warranties in respect of any Product. If the Supplier has issued or provided a warranty in respect of a Product (“Product Warranty”), then such Product shall be sold to you only with such Product Warranty, and you shall look solely to the Supplier for any claims related to such Product Warranty.
5.2. The terms of a Product Warranty shall be as set out in the applicable terms and conditions specified by the Supplier in relation thereto, and shall be limited to the warranty period stipulated therein. Please refer to the relevant Product descriptions or Supplier websites for details of the Product Warranty for a specific Product.
5.3. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise.
5.4. Except as expressly provided in such Product Warranty, we and our Suppliers exclude (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied. You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of us which has not been stated expressly in an Accepted Order or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by us. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Sales Terms allocate risks between the parties and permit us to provide the Products at lower fees or prices than we otherwise could and you agree that such exclusions on liability are reasonable.
- Physical Products
If you have ordered a Physical Product, the following terms shall apply:
6.1. You may choose to have the Product delivered to a specified address, or to collect it from the self-collection point(s) designated by us. We presently deliver Physical Products only to certain geographic locations. For the full list of countries/geographic locations that we currently deliver to, please refer to DHL countries list
6.2. If you choose to have the Product delivered:
(a) Delivery will be made to the address you specify in your Order.
(b) You acknowledge that delivery of Products is subject to availability of the Products from our usual source of supply. We will make every reasonable effort to deliver the Product to you within the delivery timeframe displayed in the Accepted Order, but you acknowledge and agree that such delivery timeframes given are estimates only and that we shall not be liable for any loss or damage directly or indirectly arising from any delay or failure to deliver within the estimated delivery time frame.
(c) You acknowledge that while the availability information on our Site is updated regularly, it is possible that in some instances a Product may become unavailable between updates, and that we may have to delay delivery of such Product to you or, in the exercise of our sole discretion, to cancel the purchase of such Product from your Accepted Order (and refund you the price, based on our prevailing refund policy at the time), without liability to you.
(d) Products are delivered by our third party logistics providers, and shall be subject to their prevailing rates unless we indicate otherwise.
(e) in the event you do not receive the Product by the projected delivery date and provided that you inform us within seven (7) days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the Product. If we do not hear from you within seven (7) days from such projected delivery date, you shall be deemed to have received the Product.
(f) All risk in the Product shall pass to you upon delivery or deemed delivery, except that, where delivery is delayed due to a breach of your obligations under the Agreement (including under Section 6.2(h) below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss of, damage to or destruction of the Product.
(g) If you are not available to take delivery or collection, we or our carrier may leave a notice giving you instructions on either re-delivery or collection from the carrier.
(h) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two (2) weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:
(i) charge you for any fee and other costs reasonably incurred by us resulting therefrom; or
(ii) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Accepted Order, with no refund.
Any Product supplied which is or includes a Digital Product is subject to the following additional terms and conditions:
7.1. Any reference to the purchase of a Digital Product under the Agreement or on the Site, means a purchase of a license from the relevant Supplier thereof to access and use the Digital Product subject to applicable Supplier terms, and does not mean a purchase or sale of the proprietary materials or content of which the Digital Product is comprised, or any proprietary rights therein.
7.2. You are authorized to use a Digital Product only for non-commercial use.
7.3. Digital Products may be subject to digital rights management, which limits the number of devices on which you can use the Digital Product at any time and restricts your ability to copy, paste and print the contents thereof.
7.4. You may be able to store Digital Products on your personal computer, ebook reader, tablet, smartphone, other media device that belongs to you, subject to the terms of Supplier. You agree that copying your Digital Products for purposes of socially or commercially distributing such copies to another device or online is unlawful and strictly prohibited.
7.6. Digital Products may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that this is permitted by the Supplier, or applicable law expressly allows such a right which cannot legally be excluded by contract.
7.7. Except to the extent expressly provided by us in writing, Digital Products are provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Digital Product installation, configuration or error/defect correction.
7.8. Use of the Digital Products may require one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may also require obtaining updates or upgrades from time to time. Because use of the Digital Products involves hardware, software, and Internet access, your ability to use the Digital Products may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
- Return and Exchange of Products
8.1. Once a Product has been sold, it cannot be returned or exchanged unless you receive:
(a) a product that is entirely different from the Product specified in your Accepted Order; or
(b) a damaged Product.
8.2. Any exchange can only be conducted on a one-to-one basis for the same Product as specified in the Accepted Order, subject to our approval and provided you notify us at firstname.lastname@example.org of your request for return or exchange within three (3) working days upon receipt of the product, and such request is accompanied by supporting evidence and relevant pictures in jpeg format not exceeding 1MB.
8.3. Physical Products to be exchanged must be in their original packaging, in re-saleable condition and accompanied by a copy of the Accepted Order.
8.4. We are not obliged to agree to any such return or exchange unless all foregoing conditions in this Section 8 of these Sales Terms are met to our satisfaction. Should we agree to an exchange, we will:
(a) in the case of Physical Products, courier the replacement Product to your specified address or you may choose to collect it from one of our designated collection points (subject to stock availability);
(b) in the case of Digital Products, provide an URL for you to download the Digital Product.
8.5. In the event the Product you have ordered is out of stock or irreplaceable, we will notify you and exchange it for another item of the same value or offer you a refund of the same value.
- Additional Terms
In addition to the terms and conditions of the Agreement, the sale, use and/or ability to deal with certain Products, may be subject to additional terms and conditions (including those imposed by the applicable Supplier) ("Additional Terms"), which will apply in full force and effect. Such Additional Terms include without limitation, those specified below:
9.1 Purchase of each Class Booking offered by us, is subject to such additional terms and conditions as we may specify on the applicable description or webpage relating thereto on our Site.