Merchant Terms
Simlim.sg Merchant Terms and Conditions for the Simlim.sg Platform
Introduction
Simlim.sg is an online price comparison and e-commerce platform which allows participating merchants of Sim Lim Square to list their products and prices. Members of the public will be able to search for products and prices listed to inform their shopping decisions. The purpose of the platform is to provide customers transparency when it comes to shopping at Sim Lim Square, with the intended result of driving higher footfall and more business for participating merchants.
Summary Terms and Conditions
By accepting these Merchant Terms and Conditions, the participating Merchant and PriceStreet Pte. Ltd (hitherto referenced as Simlim.sg) agree to the following:
Responsibilities of Participating Merchant:
• To be fully responsible for managing its products and pricing, and update its offerings on a regular basis.
• Agree to provide accurate and honest information to the public by pledging
• Not to sell products above the recommended retail price (RRP)
• To be transparent in the representation of products listed in terms of description and pricing
• To ensure stock is available on any product listed
• To honor its last updated price
• To remain courteous and polite at all times to users of Simlim.sg
Responsibilities of Simlim.sg:
• To provide a reliable online price comparison service to benefit participating merchants and customers
• To provide private access to the platform’s back-end system for the Merchant to update its products and prices
• Offer training and knowledge of the platform upon Merchant’s request
• Be prompt and fair in responding to any merchant query
Full Terms and Conditions:
1. Placement of Listing(s) (aka Products and/or Prices):
1.1 Simlim.sg reserves the right to approve or reject any Listing at its sole discretion without providing reasons to you. Simlim.sg retains full discretion to the placement or publication of any Listing.
1.2 You (“Merchant”) shall be responsible to check and endorse all contents in the Listing and the accuracy and veracity of the same before it is published or repeated. Although Simlim.sg does its best to accommodate any Merchant request, it is not obliged to accept any requests to correct errors after the Listing is published or repeated and you shall be solely and fully responsible for such errors.
1.3 You represent that you have the right to publish the contents of the Listing without infringing the rights of any third party and without violating any law. In consideration of such publication, you hereby represent and warrant that you have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity contained in the Listing, if any.
1.4 You represent that the contents of your Listing are true, current and accurate, and do not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information.
1.5 You hereby grant Simlim.sg, including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct any materials that you submit to Simlim.sg for the purposes of the Listing
1.6 You understand that Simlim.sg may from time to time make changes to the format and layout of the Website without notice to you. This may result in changes to the format or layout of your Listing.
2. Payment
2.1 You will pay to Simlim.sg any fees as contracted or requested in relation to your subscription to the Platform as outlined in any separate commercial agreement.
3. Use of Information
3.1 You grant to Simlim.sg an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy, modify, adapt and/or manipulate the content of any Listing for purposes including but not limited to public performance or display, or Simlim.sg’s marketing or distribution.
3.2 You understand that Simlim.sg may use your business’ name for the purposes of Simlim.sg's marketing or distribution activities.
4. Intellectual Property Rights
4.1 Simlim.sg reserves all intellectual property rights to its consent and services on the Platform, including copyright and trademark rights. All other names, products and marks mentioned on the Platform are the intellectual property rights of their respective owners. Nothing in these Merchant Terms and Conditions shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any intellectual property of Simlim.sg in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of Simlim.sg’s trademarks or trade names in an unauthorised manner.
5. Indemnities and Limitation of Liability
5.1 You agree, at your own expense, to indemnify, defend and hold harmless Simlim.sg, and its subsidiaries, affiliates, officers, agents or other partners, shareholders, and employees, against any claim or demand, including attorneys' fees, made by any third party due to or arising out of:
5.1.1 the publication of the Listing
5.1.2 the content of the Listing and its publication thereof
5.1.3 any material, product or service provided by you, to which users of the Platform can link through the Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
5.1.4 your violation of the Merchant Terms and Conditions.
5.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 3 months after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
5.3 In no event shall Simlim.sg’s aggregate liability for any claims under or pursuant to the Merchant Terms and Conditions exceed the aggregate fees actually paid by you for the preceding 12 month period at the point in time when the claim(s) is/are made against Simlim.sg.
6. Disclaimers
6.1 You expressly understand and agree that:
6.1.1 your use of Simlim.sg’s services under the Merchant Terms and Conditions and the Simlim.sg content is at your own risk. Simlim.sg services are provided on an "as is" basis. Simlim.sg expressly disclaims all warranties of any kind as related to its Platform, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;
6.1.2 Simlim.sg makes no warranty that:
6.1.2.1 Its services will meet your requirements
6.1.2.2 Its services will be uninterrupted, timely, secure and error-free
6.1.2.3 Its services will be accessible at any time or at all times via the channel selected or used by you
6.1.2.4 the quality of any services, information or other material purchased or obtained by you through its services will meet your expectations; and
6.1.2.5 any errors in the services will be corrected; and
6.1.3 no advice or information, whether oral or written, obtained by you from Simlim.sg or its employees, agents or through or from the services shall create any warranty not expressly stated in the Merchant Terms and Conditions.
7. Use of Personal and /or Merchant’s Business Information
7.1 You acknowledge that Simlim.sg may collect your personal and/or business information. Such information includes without limitation your name, company name, email address, telephone number and address.
7.2 Simlim.sg may use your information to analyse trends, administer the Platform and to gather demographic information about users of the Platform.
7.3 Simlim.sg shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of your information.
7.4 You agree that Simlim.sg is entitled to use your information upon the completion of any transaction on the Platform for the purposes including but not limited to publicity of the services and contacting you for feedback.
8. Online Sale of Products
8.1 Simlim.sg may sell on the Merchant’s behalf as its authorized agent, any product which the Merchant is an authorized reseller on the Simlim.sg platform www.simlim.sg. Whenever a sale is made via www.simlim.sg and for which the Merchant has agreed to supply the product (whether orally or in writing), the Merchant concludes a contract with the end-customer. The Terms & Conditions of Sale, as annexed to this Agreement will apply to any such contract and the Merchant agrees to be bound by those terms.
8.2 Simlim.sg will collect a monetary commission for acting as the Merchant’s agent, as agreed upon each individual sale made on the Merchant’s behalf, and as notified on the customer's purchase order sent to the Merchant upon collection of the product.
8.3 While Simlim.sg hereby commits to do everything necessary to handle After-Sales Support on the Merchant’s behalf for each sale made via www.simlim.sg and for which the Merchant sold the product to the end-customer, Simlim.sg may have to communicate the Merchant’s identity to a customer, distributor or manufacturer requesting it, in the context of (but not limited to) warranty claims or faulty/damaged products.
8.4 The Merchant warrants that any of its product sold on its behalf by Simlim.sg will be covered by the manufacturer’s/distributor’s/Merchant’s warranty and that the Merchant/manufacturer/distributor will comply with their obligations under the relevant law, including the Sale of Goods Act (Cap. 393) and the Consumer Protection (Fair Trading) Act (Cap. 52A).
9. Termination
9.1 Simlim.sg may terminate the Merchant Terms and Agreement without prior notice. Cause for such termination shall include without limitation:
9.1.1 failure to comply with the Merchant Terms and Conditions
9.1.2 you or your business being declared insolvent or bankrupt
9.1.3 cessation of your business operations at Sim Lim Square
9.1.4 failure to make any payment that is due to Simlim.sg
9.1.5 request by law enforcement or government agencies
9.1.6 infringement of intellectual property rights of Simlim.sg or others
9.1.7 discontinuance or material modification to the services of the Platform or part thereof; or
9.1.8 unexpected technical or security issues or problems.
9.2 You understand that in the event of termination pursuant to Clause 8.1, Simlim.sg shall be under no obligation to refund you the whole or any part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Merchant Terms and Conditions in accordance with its terms.
9.3 Termination of the Merchant Terms and Conditions shall be without prejudice to any other rights or remedies Simlim.sg may be entitled to under the Merchant Terms and Conditions, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
10. Dispute Resolutions
10.1 In the unlikely occasion that a dispute is raised between you and Simlim.sg, both parties agree to first resolve any issues between each other before progressing to more formal means of arbitration. Simlim.sg is an independent service and as such is not affiliated with any other organization including Sim Lim Square and therefore any disputes regarding the Platform or services provided must be directed to Simlim.sg.
11. General
11.1 In this Agreement, "you" or "your" means the entity entering into the Merchant Terms and Conditions with Simlim.sg.
11.2 All guidelines and/or terms referenced in the Merchant Terms and Conditions shall be deemed incorporated herein, and together with the Merchant Terms and Conditions, shall constitute the entire agreement between you and Simlim.sg and govern your use of the services.
11.3 The Merchant Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
11.4 The failure of Simlim.sg to exercise or enforce any right or provision of the Merchant Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Merchant Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Merchant Terms and Conditions remain in full force and effect.
11.5 Unless otherwise stated herein, all notifications to Simlim.sg pursuant to the Merchant Terms and Conditions shall be sent via email to support@simlim.sg.
11.5 Simlim.sg reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.