User Agreement

The following describes the terms on which CarPartsBuddy.SG offers you access to our services.

Introduction

Welcome to CarPartsBuddy.SG. By using the carpartsbuddy.sg website including its related sites, services and tools (the “Website”), you agree to the following terms, including those available by hyperlink, with (Your Business registered name with ACRA) and the general principles for this Website. If you have any questions, please email us your enquiry at our online contact form.

This Agreement is effective on August, 01 2019 for current users, and immediately upon acceptance by new users.

Scope

Before you may become a member of the Website, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use our Website and services, or when you use the tools we make available to interact with our Website and services.

Changes in the Terms

CarPartsBuddy.SG shall be able to change any of the Terms if necessary, without obtaining any agreement from User.

User registration

In order to use the Services, a prospective User shall agree on the Terms and complete the user registration procedure determined by CarPartsBuddy.SG separately. CarPartsBuddy.SG may refuse the registration of a prospective User (hereinafter referred to as an “Applicant”), as a result of the screening process that CarPartsBuddy.SG has defined. In this case, CarPartsBuddy.SG will not disclose the reason for refusal to Applicant.

Restrictions of the Users

Only registered User may use the Services. An Applicant becomes a User upon completion of the User registration. Despite the previous paragraph, if it is revealed that the Applicant is inadequate as User after the user registration, CarPartsBuddy.SG may delete the user registration of such User.

Changes in registered data

Any change in user registration data shall be performed by notifying CarPartsBuddy.SG of the change through the CarPartsBuddy.SG sites. CarPartsBuddy.SG shall not be liable for any damage or inconvenience incurred through the use of Services if the damage or inconvenience is caused as a result of User’s failure to notify CarPartsBuddy.SG of the change in the user registration data.

Management of User IDs, passwords and so on

User shall set a password after the user registration has been completed.

User shall be responsible for the management of User ID and password. If User ID and password is illegally used because of any accidental cause which CarPartsBuddy.SG does not have responsibility, such User who owns such User ID and password shall be responsible for the illegal use. User shall not: make a third party use User ID and password, lend or transfer User ID and password, change the ownership of User ID and password, sell or buy User ID and password, and pledge User ID and password.

CarPartsBuddy.SG will not compensate for any damage caused by the leak or unauthorized use of User ID and password. If CarPartsBuddy.SG suffers any damage because of the leak or illegally use of User ID and password that is caused by User, CarPartsBuddy.SG shall be able to seek for compensation for the damage from User.

If User ID is used without permission by its owner, or if User ID and password is leaked to a third party, its owner shall notify CarPartsBuddy.SG as soon as possible.

Handling of User information

Certain User information, including i) information registered through the user registration and ii) transaction histories regarding the Services will be recorded in the computers managed by CarPartsBuddy.SG.

CarPartsBuddy.SG will use information such as the registration data of User and transaction histories with CarPartsBuddy.SG for the following purposes:

To deliver products and provide after-the-sale service

To send brochures, direct mail (DM), FAX, and e-mail for delivering bargain information regarding CarPartsBuddy.SG’s mail-order businesses and other related services/businesses

About the provision and deposit of personal information
The company name and organization name of a User, and the name, address, phone number, FAX number, birth date, and e-mail address of a parson in charge, which CarPartsBuddy.SG has collected, will never be provided/disclosed to a third party, except such a case that any of the following applies.

When information including server-registered information described in the previous paragraph is required to operate the Services

When User agrees in advance that the registered information may be used

For a business trust company* of CarPartsBuddy.SG where the personal information nondisclosure agreement has been made, when CarPartsBuddy.SG entrusts the handling of personal information within the scope required for accomplishing the utilization purpose that has been disclosed to User, (where a business trust company* is a company such as a courier company which delivers products, brochures, and direct mail (DM), a communication carrier which transfers telephone communications, FAX, and e-mail, a label-printing company which prints destination labels for delivering products, brochures, and direct mail, a credit card company which has been specified by User to pay by card, and a consignment company which collects unpaid money)

When CarPartsBuddy.SG uses personal information together with a group company of CarPartsBuddy.SG, within the scope required for accomplishing the utilization purpose that has been disclosed to User

When CarPartsBuddy.SG needs to refer personal information to a personal credit record agency, to check the paying ability of User

When a credit card company requests CarPartsBuddy.SG to check if a card has been illegally used

When CarPartsBuddy.SG has to respond to a request for providing personal information from the court, for example, according to the laws and regulations of the Singapore Court of Law.

When CarPartsBuddy.SG needs to protect the rights or resources of CarPartsBuddy.SG.

When CarPartsBuddy.SG has to protect the benefit of other User.

Responsibility of Users

1. User shall satisfy the use conditions of the network in connection with the Services, and observe operation procedures, various agreements, and the Terms. When using the Services, User shall not:
   1. Infringe (or doing any action which could lead to the infringement of) any of the copy rights, trademarks, and other rights which i) is owned by a third party or CarPartsBuddy.SG and ii) is related to the information included in the Services
   2. Interfere with or upsetting the server or networks in connection with the Services
   3. Obstruct the operations of the Services by any means
   4. Take a fictitious name, announce himself or herself as a representative for an organization or a company without representation/agency right, disguise an affiliation/partnership with another person or organization, or obtain two or more IDs to use them fraudulently
   5. Violate any of the Terms or the laws and regulations, whether by intention or by negligence
   6. Use User ID or password fraudulently, or make a third party use them
   7. Tamper with the data provided through the Services, without obtaining permission of CarPartsBuddy.SG
   8. Use a product at a location other than the country or area where the product has been delivered
   9. Export a product
   10. Resell a product
2. If User does any of the actions described in Paragraph 1 in this article or if the action of User falls within any of the following items, CarPartsBuddy.SG may expel such User or temporarily suspend the use of the Services. In addition, such User shall lose the benefit of term with respect to all obligations arising from the Services and Transactions, and shall immediately make full payment for the obligations to CarPartsBuddy.SG or its agency.
   1. If User delays or defaults on the payment of debts resulting from the Services or Transactions
   2. If a bill or check which User has drawn on or honored is dishonored or payment-suspended
   3. If attachment, auxiliary attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, company liquidation, special liquidation, or petition for corporate reorganization for User is filed
   4. If the financial condition of User worsens, or if there is any objective sign showing that the financial condition of User may worsen
   5. If CarPartsBuddy.SG judges that User is inadequate as a user.
3. User shall take full responsibility for the User’s actions to comply with the applicable laws.

Delivery policy

1. Any delivery schedule for a product indicated on the brochures, CarPartsBuddy.SG sites or mobile sites shall be construed only as an exemplary schedule. User agrees in advance that the delivery date may change depending on the arrival of the product, stock status, or other unexpected reasons.
2. User agrees in advance that CarPartsBuddy.SG shall not ship the products regardless of the schedule provided in the preceding paragraph until CarPartsBuddy.SG can confirm all the payment for the products.
3. Depending on User’s Internet connection environment, a time lag may be generated between the transmission time at User and the reception time at CarPartsBuddy.SG. In such a case, the reception time at CarPartsBuddy.SG shall be the order time by User. For an order by FAX, the time when an operator at CarPartsBuddy.SG enters order data on behalf of User after receiving the order by FAX shall be the order time by the User.
4. The delivery of a product is completed when the product is properly delivered to the “delivery address” described in the “confirmation note for ordered contents.”

Defect of a product, returning a product, refusing the receiving of a product

User shall inspect the contents and defects of a product immediately after the product arrives. If a product has a defect, User shall notify CarPartsBuddy.SG by e-mail from the address that User registered at the user registration, within 7 days from the arrival of the product. If CarPartsBuddy.SG does not receive such a notification within 7 days, CarPartsBuddy.SG may assume that the product has successfully passed through User’s inspection.

1. If CarPartsBuddy.SG receives such a notification, CarPartsBuddy.SG will handle it according to the following:
   1. If the product has a defect, CarPartsBuddy.SG will decide whether to replace the defected product with a new one or arrange a refund for the product.
   2. If the quantity is not sufficient, CarPartsBuddy.SG will check with the User for a partial delivery or to arrange for a full delivery when the ordered quantity is made available.
   3. If the delivered product is not the same as the ordered one, CarPartsBuddy.SG will decide whether to replace the delivered product with the ordered one or

Arrange a refund for the product.p

2. SG shall have the indemnity liability only for damages to User caused by the defect of a product up to a ceiling of the unit price of the defected product. However, CarPartsBuddy.SG will not have a responsibility for any job-related loss profits of Use caused by an item described in this Article.
3. SG shall accept the return of products that satisfies all the conditions described below except for the product the relevant page of which states no return is acceptable.
   1. Within 7 days from the arrival of the product, a notification has been sent to CarPartsBuddy.SG by e-mail.
   2. The product is unopened and unused with no breaches.
4. Any return of a product shall be made within 7 days from the date the return is accepted, according to a method specified by CarPartsBuddy.SG. If the product is not returned within the above-mentioned time period, CarPartsBuddy.SG may consider that User is not willing to return the product, and hence cancel the request for returning the product and charge the price of the product if any.
5. Before returning a product, User shall sufficiently package the product so that the product will endure the transportation. If the product is damaged because of any User’s fault, CarPartsBuddy.SG may cancel the request for returning the product and charge the price of the product if any.
6. The purchase price for a returned product shall be refunded after the product arrives at the returned product reception at CarPartsBuddy.SG, and the price of the product minus 20% of the price as a restocking fee will be charged, and thus the 80% of the price of the product will be refunded.
7. If the product ordered by User is delivered to the “delivery address” described in the confirmation note for the order, and User refuses to receive the product for any reason attributable to User, CarPartsBuddy.SG may require penalty charge equivalent to the price of the product and charge for delivery from User.

Copyrights

In the Services, copyrights of the database as well as those of copyrighted works such as designs and layouts of brochures, CarPartsBuddy.SG sites and mobile sites, and screens where product information is displayed shall belong to CarPartsBuddy.SG. User shall not copy, sell, or publish any information which is obtained through CarPartsBuddy.SG. User shall not use the information that is described in brochures, CarPartsBuddy.SG sites, and mobile sites to provide services similar to the Services or any competitive services.

Exclusionary clause

If the delivery of a product is delayed or impossible because of any extraordinary natural phenomenon or the enactment, alternation, or abolition of laws or regulations, traffic accident, reprimand by the exercise of public power, accident during transportation, labor dispute, war, or another unavoidable matter, CarPartsBuddy.SG will promptly notify User. If User suffers a loss because of any of the above-mentioned causes, however, CarPartsBuddy.SG and agencies shall not have a responsibility for the indemnification for the loss.

CarPartsBuddy.SG pays special attention to security when User enters User’s personal information; however, the User should recognize the risk of information leaks even under such a protected environment and agree that the personal information is not necessarily 100% safe.

User agrees that the product or description and manual for use of the Product(s) may be simplified on the premise that User, as a business operator, has certain knowledge on the Product(s). User also agrees that the package of the Product(s) may be simplified. User shall be responsible for any accident or injury caused by inadequate use of Product(s) as a result of lack of understanding on the characteristics of Product(s).

Changes in Services, prices, and specifications

During the effective period of a brochure, flyer and so on, part or all of the Services may be subject to change without any prior notice to User. Prices or specifications of described products may be subject to change or close without any prior notice to User.

Suspending the Services

CarPartsBuddy.SG may suspend part or all of the Services without any prior notice to User if any of the following items applies:

1. If any urgent inspection or update of the Services is required
2. If it is difficult to provide the Services because of any accidental forces such as fire, blackout, and natural disaster
3. If CarPartsBuddy.SG has to temporarily suspend the Services because of any operational or technical reasons, or if CarPartsBuddy.SG determines that it is difficult to provide the Services because of any contingency situation

Refusing the provision of the Services

If any of the following causes applies or might apply, CarPartsBuddy.SG shall be able to refuse the provision of the Services even after the provision of the Services is accepted. CarPartsBuddy.SG will pay back a bill for the product if the following causes incurred for any reason attributable to CarPartsBuddy.SG, and CarPartsBuddy.SG shall not be required to pay back it if the reasons are attributable to User. CarPartsBuddy.SG deems following items 2 & 5 attributable to User and item 3 attributable to CarPartsBuddy.SG. Other items are judged on a case-by-case basis by CarPartsBuddy.SG.

1. If the whereabouts of User or the delivery address of the product cannot be identified
2. If User refuses the receiving of the product
3. If the delivery company cannot deliver the product
4. If User violates any of the Terms
5. If CarPartsBuddy.SG determines that it is inadequate to provide the Services

Limitation of Liability

THE USER SPECIFICALLY AGREES THAT THE CarPartsBuddy.SG SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE.

Applicable Law and Jurisdiction

By visiting this Website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.

The courts of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against CarPartsBuddy.SG arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Legal Disclaimer

CarPartsBuddy.SG has made every attempt to ensure the accuracy and reliability of the information provided on this website. However, the information is provided “as is” without warranty of any kind. CarPartsBuddy.SG does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website.

No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this website nor to the suitability or otherwise of the information to your particular circumstances.

We cannot and will not guarantee that this website is free from computer viruses or anything else that has destructive properties.

We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this website, or from your use of (or failure to use) the information on this site. This website provides links to other websites owned by third parties. The content of such third party sites is not within our control, and we cannot and will not take responsibility for the information or content thereon. Links to such third party sites are not to be taken as an endorsement by CarPartsBuddy.SG of the third party site, or any products promoted, offered or sold on the third party site, nor that such sites are free from computer viruses or anything else that has destructive properties. We cannot and do not take responsibility for the collection or use of personal data from any third party site. In addition, we will not accept responsibility for the accuracy of third party advertisements.