Terms of Service

1. Overview

 

We are onsmart.sg ("onsmart") and we own and operate this website ("Site") at www.onsmart.sg. Throughout the Site, the terms "we", "us" and "our" refer to onsmart. onsmart offers this website, including, without any limitation, applications and any related services including notifications, electronic mails (collectively, the "Services") and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the "Content") from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

 

By visiting our Site, registering an account with us, providing us with your details which includes but not limited to email address, purchasing something from us and/or using our Services, you agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, Services and/or Content, you agree to be bound by these Terms of Use. These terms govern your access to and use of the Services of onsmart. If you do not agree to all the terms and conditions of this agreement, then you may not access and/or use the Site, Services and/or Content. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

 

Any new features or tools which are added to the current store shall also be subjected to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your sole responsibility to check these Terms of Use regularly for changes. If you do not agree to the amended Terms of Use, please do not access or use our Site, Services and/or Content. Your continued use of or access to our Site, Services and/or Content following the posting of any amended Terms of Use constitutes acceptance of those Terms of Use.

 

We do not warrant that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

 

 

2. General Conditions

 

You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian, and if you are registering for the Services for and on behalf on an entity, that you are authorized to enter into and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.

 

Your access and use of the Services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
While using the Site, you must not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature.

 

A breach or violation of any of the Terms of Use will result in an immediate termination of the Services without further reference to you. We reserve the right, at our sole discretion, to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that Credit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 


3. Accuracy, Completeness And Timelines Of Information

 

We aim to update the Onsmart Store and maintain the Services regularly and may change the content at any time. If the need arises, we may suspend access to the Onsmart Store or the Services or close it indefinitely. Any of the material on the Onsmart Store may be out of date at any given time, and we are under no obligation to update such material.

 

This Site may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You understand that it is your responsibility to monitor any changes to our Site.

 

4. Modifications To The Provision Of Services And Prices

  • We reserve the right, at our sole discretion and at any time to modify the prices of our products without further notice to you.
  • We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you.
  • We shall not be liable to you or to any third-party for any, including but not limited to, modification, price change, suspension or discontinuance of the Services.

 

5. Intellectual Property And Limitations On Use

 

All rights, title and interest in and to the Services, including all Content pursuant to the Services remains and/or shall be the copyright or intellectual property of either onsmart or third parties providing the data ("Data Providers") (as the case may be). You may not use the Site, Services, including all Content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service and/or Site unless with our express written consent.

 

We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Site, Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Site, Services and/or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Site, Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Site, Services or Content other than for their intended purposes.

 

6. Order, Pricing And Payments

 

Orders

 

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use. All orders shall be subjected to acceptance by onsmart. Processing of payment for an order shall not in itself constitute acceptance of the order by onsmart, save that where an order for any product(s) is rejected or cancelled by onsmart, any payment made for such order shall be reversed or refunded by onsmart in accordance with our prevailing refund policy at such time. All orders made by you are subjected to stock availability. onsmart reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Product Information, Pricing and Payment

 

Onsmart endeavors to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. onsmart shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you 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 or through our Services.

 

If the actual price of any item ordered by you is higher than that reflected on the site or through our services, Onsmart site unfortunately will only allow you to proceed with the order confirmation and payments. Should there be any case escalation on wrong pricing structure after you have placed and make payments for your orders, please kindly submit a case email to marketing@onsmart.sg and we will review your orders subjected to case scenario. If you elect to cancel the purchase, we will reverse or refund payment for such item 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 item as cancelled.

 

In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts.
In the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery. All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

  • Payment for all orders shall be made in Singapore dollars.
  • We accept payment for orders by MasterCard, Visa, Atome and GrabPay.

By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

 

7. Products

 

We have made every reasonable effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

  • We reserve the right to limit the quantities of any products or Services that we offer.
  • All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
  • We reserve the right, at our sole discretion, to discontinue any product at any time.
  • Any offer for any product or Services made on this Site is void when it is prohibited by law.
  • We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

 

8. Accuracy Of Billing And Account Information

 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Return & Refund Policy

 

In the event of a refund, the price paid with respect to the relevant goods shall automatically be refunded to the credit card with which the purchase was made. If delivery has taken place, refunds will exclude the delivery charges paid. Please note the normal processing time for return and exchange requests is 10 working days from date of request. We regret that we are unable to provide returns of goods for change of mind reasons once the transaction is successful, unless otherwise if the goods received upon delivery to you is deemed to be damaged. Should there be a case as such, please kindly submit a case email to marketing@onsmart.sg and we will review your orders subjected to case scenario. Request for return and exchange are at the discretion of the management.

 

9. Optional Tools

 

We may provide you with access to third-party tools over which we do not monitor or have any control over whatsoever. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for, including but not limited to, any loss and/or damage suffered by you whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

10. Third Party Links

 

Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please ensure that you review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

11.  User Comments, Feedback And Other Submissions

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation, including but not limited to: maintain any comments in confidence; pay compensation for any comments; or respond to any comments. We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

By sending and/or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

12. Personal Information

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

13. Errors, Inaccuracies And Omissions

 

Occasionally there may be information on our Site, in the Services and/or Content that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, Content or on any related website is inaccurate at any time without prior notice to you. We undertake no obligation to update, amend or clarify information in the Site, Services, Content or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Services, Content or on any related website should be taken to indicate that all information in the Site, Services, Content or on any related website has been modified or updated.

 

14. Prohibited Uses

 

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site, Services or Content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

15. Disclaimer Of Warranties; Limitation Of Liability

  • We do not guarantee, represent or warrant that your use of our Site, Services and/or Content will be uninterrupted, timely, secure or error-free.
  • We do not warrant that the results that may be obtained from the use of our Site, Services and/or Content will be accurate or reliable.
  • You agree that from time to time we may remove our Site, Services and/or Content for indefinite periods of time or cancel our Site, Services and/or Content at any time, without notice to you.
  • You agree that your use of, or inability to use, our Site, Services and/or Content is at your own risk. Our Site, Services and/or Content and all products and services delivered to you through our Site, Services and/or Content are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

16. Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services. If we are of the opinion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

17. Entire Agreement

 

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

 

18. Governing Law

 

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.

 

19. Changes To Term of Use

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Questions about the Terms of Use should be sent to us at marketing@onsmart.sg.