Welcome to www.zym.sg ! (“Website” or “ZYM Mobile”).
Please read these terms and conditions (“Terms”) of use of the Website carefully as they govern our relationship with you in relation to the access and use of the Website and its related sites, services and tools. By accessing and using any part of the Website, you are deemed to have notice of, and you acknowledge that you agree to comply with and be legally bound by these Terms, as amended from time to time. If you do not agree to these Terms, please do not access or use the Website. The term ‘ZYM Mobile’, ‘our’, ‘we’, or ‘us’ herein refer to HandphoneShop Pte Ltd (UEN: 200403899K) (“ZYM Mobile“) and/or its affiliates (where applicable). The term ‘you’ or “your” refer to the viewer or user of the Website. Headings are for ease of reference only and shall not affect the interpretation of these Terms.
2. Contractual Capacity and Authorisation
You must be able to form legally binding contracts, and at least be of 18 years of age to use the Website.
3. Proprietary Rights and Contents on Website
All contents on the Website including the text, graphics, illustrations, page headers, logos, images, data, software, and other materials (collectively “Contents“) is owned by or is the licensed property of ZYM Mobile and/or its affiliates and is protected by copyright, trademark, service mark, trade dress, or other proprietary rights, as may be applicable. No licence or right is granted to you by implication, estoppel or otherwise, and you may not copy, reproduce, publish, upload, post, store, adapt, alter, translate, transmit, disseminate, sell, distribute, hyperlink, or otherwise transfer any of the Contents of the Website to any other person (whether for commercial purpose or monetary gain or otherwise) in any way, or otherwise use the Contents in whole or in part in any manner.
4. No Unlawful or Prohibited Use of Website
(a) You acknowledge and agree that, as a condition of your access and use of the Website, you will not use the Website for or in connection with any purpose that is unlawful, inappropriate, unauthorised, profane, illegal, fraudulent, obscene, indecent, abusive, threatening, harmful, tortuous, objectionable, or may cause injury to any person or entity, or is otherwise prohibited by these Terms or by law. (b) You must not use the Website in any way that causes, or may cause damage, disable, overburden or impair the Website or the availability or accessibility of the Website through any means (including without limitation computer virus, spyware, Trojan horse, computer worm, keystroke logger, root kit or other malicious computer software). (c) You must not harvest or otherwise collect information through systematic or automated data collection activities (including without limitation, scraping, data mining, and data extraction) on or in relation to the Website without our express written consent. (d) You must not obtain, or attempt to obtain, any Contents or other information on the Website through any means not intentionally made available on or through the Website.
5. User Contents
You grant ZYM Mobile and/or its affiliates a worldwide, perpetual, irrevocable, unlimited, non-exclusive, royalty-free license to use, reproduce, adapt, create derivative works, publish, edit, translate, distribute, perform, sub-license, and display all comments, feedbacks, messages, suggestions or other communications (collectively “User Contents”) in any existing or future medium, form, or format presently known or developed in future in relation to the Website. You agree not to post any User Content that violates third party rights including proprietary and privacy rights, is confidential, or is false, inaccurate, misleading, derogatory, defamatory, libellous, slanderous, unlawful, threatening, harassing, abusive, or spam. Notwithstanding the foregoing, we have the right, but not the obligation to monitor the submission or publication of any User Content on the Website. We reserve the right to edit, amend, or remove any User Content posted on the Website at any time and to take any further steps as required in our sole discretion, whether for legal or other reasons, without notice to you.
6. No Warranties
The Contents of the Website are provided on an “as is” and “as available” basis without any representations or warranties of any kind, express or implied, including without limitation, warranties of title, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without prejudice to the generality of the foregoing, we do not warrant that the Website will be constantly available or available at all, or be free of errors, computer-virus or other such malicious or harmful tools, or that defects in the Website, if any, will be corrected. Save for the product warranty offered by the respective manufacturer, we disclaim any warranty, express or implied, for any product sold through the Website.
7. Links on Website and Links to Website
We have no responsibility for the materials available on third party websites accessible through links on the Website; or third party websites which link to, mirror or frame the Website or any part thereof. Under no circumstances will we be considered to be associated, affiliated, endorsing, sponsoring, or recommending any materials used or appearing on any such third party websites.
8. Suspension and Termination
We may temporarily suspend the availability of the Website for repair, maintenance, upgrade, modification, replacement or improvement works. We will not be responsible for any resulting loss or damage suffered as a result of such suspension. Further, we reserve all rights to block or deny access to any person or entity in our sole discretion. We may terminate the maintenance of the Website at any time without notice to you.
9. Personal Data
We use your personal data for service provisioning, marketing, security and compliance as further described in our data protection policy.
10. Limitations and Exclusions of liability
To the extent permitted by law, we shall not, under any circumstances, be liable for any loss or injury to a person or loss or damage to any property, or incidental, indirect, contingent, special or consequential damages (including loss of anticipated profits or benefits) whether in contract, tort or otherwise, arising out of or in connection with your access or use of the Website, including without limitation, because of any errors, delays, omissions, interruption, breach of security, corruption, computer virus, spyware, Trojan horse, computer worm, keystroke logger, root kit or other malicious computer software, unavailability of access, or inaccuracies in the Contents of the Website.
In the event of a breach of these Terms, without prejudice to our rights at law or equity, we may take such action as we deem fit in our sole discretion, including without limitation, suspension of your account, and prohibiting you from accessing or using the Website.
You agree to defend, indemnify and hold ZYM Mobile and/or its affiliates harmless from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of or in connection with any breach by you of any provision of these Terms.
We reserve the right to amend these Terms at any time without notice to you. Your continued use of the Website after we post the amendments shall be deemed as your acceptance of the amended Terms. We encourage you to check the amended Terms posted on the Website prior to your use of the Website.
We may transfer, sub-contract or otherwise assign any rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without our prior written consent.
15. Relationship of Parties
These Terms shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between you and ZYM Mobile and/or its affiliates.
If any term of these Terms is held by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable, the same shall be deemed to be deleted from these Terms and be of no force and effect, whereas the other surviving terms hereof shall remain in full force and effect.
No failure or delay by us in exercising any right, power or privilege under these Terms shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. Our rights provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
18. Force Majeure
We shall have the right to defer the date of delivery or to cancel any purchase order without any liability to you if the need for such deferment or cancellation results from a cause beyond our reasonable control. Without prejudice to the generality of the foregoing, causes beyond our reasonable control include without limitation, accident, civil commotion or requisition, riot, war or threat of war (whether declared or not), tempest, fire, lock-outs, strikes, industrial actions or trade disputes, sabotage, insurrection, Acts of God, pandemic, explosions, floods; or Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any relevant authority; or difficulties in obtaining raw materials, labour, fuel parts or machinery; or power failure or breakdown in machinery.
(a) You must send all notices to us, whether for court process, or other documents or communications, at 53 Ubi Crescent, Singapore 408594. All notices you send to us which are: (i) sent by prepaid registered post will be deemed to have been received 14 days after the date of postage; (ii) delivered by hand during ordinary business hours will be deemed to have been received on the date of delivery. (b) We may send all notices to you by email to the email address you provided to us at the time of registration of your user account.
20. Rights of Third Parties: A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any provision of these Terms.
21. Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator. The language of arbitration shall be English.
22. Governing Law
These Terms shall be governed by, and construed in all respects in accordance with the laws of Singapore.
Effective: 1 September 2021