HooHaa.com.sg

WEB SITE USER AGREEMENT

This Web Site is owned and operated by Hoohaa Pte Ltd (“Company” or “Hoohaa.com.sg”). Access to and use of this Web Site is subject to the terms and conditions of this Web Site User Agreement as set out below and as modified or amended from time to time.

BY ACCESSING THIS WEB SITE YOU ACCEPT UNCONDITIONALLY, ALL THE TERMS AND CONDITIONS IN THIS WEB SITE USER AGREEMENT INCLUDING SECTION A: TERMS AND CONDITIONS, SECTION B: DISCLAIMER OF LIABILITY AND SECTION C: PRIVACY STATEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME. THE OPERATOR OF THIS WEBSITE RESERVES THE RIGHT TO AMEND THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS TAKE EFFECT IMMEDIATELY UPON POSTING OF THE AGREEMENT AS AMENDED OR MODIFIED ON THIS WEB SITE.

Contacting Us

If you have any questions about the Terms And Conditions, Disclaimer Of Liability clauses or Privacy Statement, the practices of this Web Site, or have any comments and suggestions about this Web Site, please contact Hoohaa.com.sg at enquiries@hoohaa.com.sg

SECTION A: TERMS AND CONDITIONS

The following are the terms and conditions for the use of this Web Site by any user. All trade transactions and access to and use of this Web Site are governed by these Terms And Conditions. By using this Web Site you indicate that you have read these terms and conditions and have agreed to be bound by them.

These Terms and Conditions may be amended or withdrawn without prior notice at the sole discretion of the Company and you are advised to view these Terms and Conditions from time to time and in any case prior to placing any order with the Company.

ELIGIBILITY

1. To use this Web Site, you must apply for and be accepted by the Company for registration as a Member [“Member”] with an Account bearing a unique reference number opened with the Company, be a holder of a Singapore NRIC or Singapore FIN card, be at least 21 years of age, must not be an undischarged bankrupt and be able to form or enter into a legally binding contract in accordance with applicable law.
2. All information provided to Hoohaa.com.sg must be true, accurate and valid. If any information you provide is found to be false, Hoohaa.com.sg may suspend or terminate your registration and account and also take legal action if Hoohaa.com.sg or any party suffers any loss or detriment owing to breach of this term.

TIME OF MEMBERSHIP

3. Membership does not arise until and unless the Company sends a confirmation e-mail to an applicant confirming his admission as a Member and providing the Account Number.

RULES GOVERNING BIDS

4. Only a registered Member with sufficient tokens in his account is eligible to place an offer [“Bid”] for any item put up for auction [“Item”]. You are advised to check if you have sufficient tokens first before making a Bid. By placing a Bid on an Item, you are stating that you have the ability and intention to purchase the Item for the amount of your Bid at the closing of the auction if you turn out to be the highest bidder or the successful bidder.
5. All Bids must be made in accordance with METHOD FOR MAKING BIDS. Please see: METHOD FOR MAKING BIDS. [Clients please deal with this technical/practical aspect].
6. A Bid once submitted may not be retracted or changed.
7. The bidder with the highest single unique Bid will be the successful bidder.
8. The earliest highest Bid will be successful if there is no unique highest Bid and/or more than one Bid is received offering the same amount for the same Item. If there is any dispute as to which Bid was first in point of time, the Company’s electronic records shall be taken as final and conclusive.

DELIVERY

9. Delivery of Items to a successful bidder in Singapore is free of charge. However, if the Company is unable to contact the successful bidder for delivery purposes despite three (3) attempts to do so, the Item will be offered instead to the second highest or next successful bidder (in the absolute discretion of the Company) and the Company will only refund any purchase price paid to the first successful but uncontactable bidder.
10. Whilst every effort will be made to adhere to stated delivery dates and times, such dates and times are estimates only and the Company cannot be liable for any losses incurred caused by delay in delivery.
11. If any successful bidder refuses to accept delivery of any Item, the Company shall be entitled to charge him a penalty that shall be equal to up to 10% of the retail price of the Item as determined by the Company.

ITEMS

12. Whilst Hoohaa.com.sg shall use its best endeavours to and shall constantly strive to provide accurate and current information on this Web Site and to deliver all Items as close as possible to those depicted on this Web Site as available for Bids, by reason of unavoidable variances in weights, colours, measures and similar descriptions, Hoohaa.com.sg shall not be held responsible for any errors/omissions in Item specification or description.

DEFECTIVE ITEMS AND WARRANTY

13. All items offered are new unused items covered by the manufacturer’s warranty unless otherwise stated. All queries on quality of product or claims on warranties should be made to the issuer(s) thereof. Hoohaa.com.sg may assist in providing contact details and product or service warranty procedure information but this is at the Company’s sole discretion.

INTELLECTUAL PROPERTY RIGHTS

14. Hoohaa.com.sg respects the intellectual property rights of others, and we require all users of this Web Site to do the same. If you believe that a copy of your work has been reproduced or made available on this Web Site without your consent or that a copyright, trade mark, design right or other intellectual property infringement has otherwise occurred, please supply us with the relevant information and email to: Enquiries@hoohaa.com.sg
15. The contents displayed on this Web Site including but not limited to text, software, photographs, graphics, illustrations and artwork, layout, colour combinations and other graphical elements, video, music and sound, names, logos, trade marks and service marks including the “look” and “feel” of this Web Site (“the Intellectual Property Rights”) are owned or licensed for use by the Company, its affiliates or licensors and are protected by copyright, trademark and other intellectual property laws. In particular, the right to the use of any material on this Web Site is subject to the prior written consent of the Company.
16. No part or parts of this Web Site may be reproduced, distributed, adapted, modified, republished, displayed, broadcast, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of the Company provided that permission is granted to download and print the materials on this Web Site for strictly personal, non-commercial use only and provided that you do not modify any materials and that you retain all copyright and other proprietary notices contained in such materials. You may not, without the permission of the Company, insert a hyperlink to this Web Site on any other Web Site or "mirror" any material contained on this Web Site on any other server.

POSTING OF MATERIAL

17. As a user, you agree not to post or transmit any material which in the opinion of the Company is of an unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially or ethnically discriminating or otherwise objectionable nature including, but not limited to, any material which encourages conduct that would constitute a criminal offence, violate the rights of others, or otherwise violate any applicable local, state, national or international law or the Intellectual Property Rights of another.
18. You agree you will not impersonate any person or entity or to misrepresent your affiliation or association with any person or entity.
19. You will be responsible for, and indemnify and hold harmless the operator of this Web Site, its affiliates, agents and representatives against, any claim including legal costs on solicitor and client basis, that arises from the breach of any of the terms of use of this Web Site or in connection with your use of this Web Site.
20. By submitting material to this Web Site, you are representing that you are the owner of the material, or have a right to reproduce, display or transmit such material or are making your submission with the express consent of the owner and that there is no infringement of any Intellectual Property Rights belonging to another.
21. No user is to post or transmit any material which he knows to contain a virus or corrupted data.
22. The Company and its affiliates reserve the right, in its sole discretion, to delete, edit, refuse to post or remove any material submitted to or posted on this Web Site which is submitted or posted in violation of any part of this Agreement and to deny access to anyone who violates any part of this Agreement.
23. Except as stated in the Privacy Statement, any communication or material any user posts or transmits on this Web Site, is, and will be treated as, non-confidential and non-proprietary. A user assumes full responsibility for anything posted or transmitted, and grants to the Company and its affiliates the right to use his name in connection with the posted material as well as in connection with any advertising, marketing or promotional material related thereto as well as the right to edit, copy, publish and distribute any information or content that such user posts or transmits for any purpose.

SELF-PROTECTION OF PERSONAL INFORMATION

24. A link to another Web Site on this Web Site does not constitute an endorsement of that site nor of any product, service or other material offered on that site by the the Company and its affiliates. Hoohaa.com.sg and its affiliates are not responsible for the contents of any such linked Web Sites and you access and use such Web Sites entirely at your own risk.
25. Unless you choose the option not to have any e-mails sent to you or modify your profile and select “Unsubscribe”, you further agree to allow the operator of this Website, its affiliates, licensors and licensees to send e-mails to you. The operator of this Web Site disclaims any responsibility for any loss or injury or damage (including but not limited to any damage to any computer system, software, modem, telephone or other property corruption or loss of program or information or data) thereby.
26. All users should be aware that if they voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, a survey or feedback form or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties. Hoohaa.com.sg and its affiliates disclaims any responsibility for any such information that any user so discloses.
27. All users are responsible for maintaining the security, secrecy and confidentiality of their own personal information including any passwords or user IDs or registration particulars and should not in particular, disclose their password to anyone including the operator of this Web Site or its staff or employees. Users should immediately inform Hoohaa.com.sg of any unauthorised use thereof.

LIMITATION OF LIABILITY

28. All Products ordered and all trade transactions effected through this Web Site are subject to Limitation of Liability clauses. Please read SECTION B: LIMITATION OF LIABILITY.

PRIVACY

29. 29. Your use of this Web Site is subject to our Privacy Policy. Please read SECTION C: PRIVACY POLICY.

FORCE MAJURE

30. Neither party will be liable for any delay in performing or failure to perform its obligations (other than a payment obligation) under this Agreement due to any cause outside its reasonable control. Such delay or failure will not constitute a breach of this Agreement and the time of performance of the affected obligation will be extended by such period as is reasonable.

DISPUTE RESOLUTION

31. If any dispute arises out of or in connection with this agreement, including any question regarding its existence, validity or termination, the parties agree to endeavour to settle the dispute through conciliation and mediation at the Singapore Mediation Centre of 1 Supreme Court Lane, Supreme Court Building, Level 4 Singapore 178879 (“SMC”) in accordance with the Rules of Mediation and Conciliation of the SMC for the time being in force, which rules are deemed to be incorporated herein by reference.
32. Any issue or claim not resolved by conciliation shall be referred to and finally resolved by arbitration in Singapore in accordance with the Singapore International Arbitration Centre [“SIAC”] Rules for the time being in force which rules are deemed to be incorporated by reference into this clause.
33. In the event of arbitration, the arbitration tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the SIAC and the language of arbitration shall be in English. The Arbitrator’s decision shall be final and binding.

GOVERNING LAW

34. This agreement is and shall be deemed to have been made in Singapore and shall in all respects be governed by the laws of Singapore and the parties hereto hereby submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.

MISCELLANEOUS

35. Severity. If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the terms and conditions.
36. No Third Party Rights. No person other than a party to this Agreement may enforce this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 2001 of Singapore are hereby expressly excluded.
37. Notices. Any notice, request, information, or other document to be given by one party to another shall be in writing and delivered by hand or sent by registered mail or by courier service to the other party at its last known business or residential address.

SECTION B: LIMITATION OF LIABILITY

38. EXCEPT AS STATED IN SECTION A: TERMS AND CONDITIONS, THE COMPANY ACCEPTS NO LIABILITY FOR ANY CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE OF ANY KIND ARISING FROM, OR IN CONSEQUENCE OF, ANY FAULT OR DEFECT OF ANY NATURE WHATSOEVER. WE CAN ACCEPT NO LIABILITY FOR DEATH, INJURY, LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHETHER TO PERSON OR PROPERTY HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE SUPPLIED BY US. WE ACCEPT NO LIABILITY IN RESPECT OF LOSS OR DAMAGE TO THIRD PARTIES CAUSED DIRECTLY OR INDIRECTLY BY ANY PRODUCT OR SERVICE SUPPLIED BY US.
39. TO THE FULLEST EXTENT PERMITTED AT LAW THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF INCOME OR PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF PROGRAMS, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCT, SERVICE INTERRUPTIONS, DAMAGE TO PROPERTY, DEATH OR PERSONAL INJURY AND CLAIMS OF THIRD PARTIES EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
40. SUBJECT TO THE ABOVE SECTION A: TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED AT LAW, THE COMPANY'S LIABILITY SHALL AT ALL EVENTS BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE PRODUCT OR THE SERVICE.
41. The expression “PRODUCT” covers any Item put up for auction as well as any other goods or articles made available by Hoohaa.com.sg for purchase through this Web Site.

SECTION C: PRIVACY POLICY

42. To process and fulfill your order whether made through a successful Bid or by other forms of purchase, Hoohaa.com.sg needs to know your particulars such as your name, and contacts, email address, mailing address and delivery address. We might also ask for information about your interests or for feedback about our Web Site so that we can improve our Web Site and service. Providing us with this information is always optional.
43. In addition to the information we collect directly from you, we also monitor and track usage of our Web Site, viewing and traffic patterns, customer behaviour and other similar information. We compile this information into a statistical aggregate and use this information as well as all of your personal information for internal business and administrative purposes which includes improving our website, our product and service offerings, our operations, and our service to users.
44. We also might use your personal information from time to time to send you notices about special offers, new products, services, promotions, and other similar information.
45. Hoohaa.com.sg will only disclose registered user’s contact numbers to our business associates/ affiliates to introduce new products/services/promotional items which we feel may be of interest to such users. If you are a registered user and do not wish to receive any such communication from other third parties whatsoever, please email to us at: technical@hoohaa.com.sg. Hoohaa.com.sg does not trade or sell your personal data or such information to anyone under any circumstances.

All Rights Reserved © 2008 Hoohaa Pte Ltd. Terms and Conditions apply.