simlim.sg Terms of Sale
Simlim.sg Terms & Conditions of Sale (www.simlim.sg/tos)
By clicking these Terms & Conditions of Sale you agree to the following (“Terms”):
In these Terms, unless the context otherwise requires, the following expressions shall have the meanings set out against them:
Customer – An authorized user of the Platform and/or the Services over the age of 18 or otherwise under the supervision of a parent or legal guardian.
Customer Contract - Order for which delivery has been confirmed by Simlim.sg.
Good(s) – Product(s) (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
Intellectual property - All copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
Listing Price - The price of a product listed for sale to a Customer, as stated on the Platform.
Losses - All losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
Merchant(s) – Either Simlim.sg or the authorised dealer(s) or distributor(s) of Good(s) at Sim Lim Square, located at 1 Rochor Canal Road, Singapore, 188504, who service the domestic Singapore market and are members of the Platform.
Office Address - 111 North Bridge Road, #08-19, Singapore 179098
Opening Hours - Simlim.sg’s opening hours are generally 9PM to 6PM on weekdays (closed on public holidays) and may be subject to change from time to time without prior notice.
Order - Good or set of Goods ordered by the Customer via the Platform in one single payment in accordance with these Term & Conditions.
Return Policy - the return policy set out by Simlim.sg as set out in these Terms.
Services - services, information and functions made available by Simlim.sg and Merchants on the Platform.
Simlim.sg – PriceStreet Pte. Ltd (dba Simlim.sg) a company incorporated pursuant to the laws of Singapore under registration number 201620474M and having its registered address at 111 North Bridge Road, #08-19, Singapore 179098.
Simlim.sg Indemnitees - Simlim.sg and all its respective officers, employees, directors, agents, contractors, shareholders and assignees.
Trademarks - the trademarks, service marks, trade names and logos used and displayed on the Platform.
Voucher - a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards new Order(s)
Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months mean calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Simlim.sg and the provision which is more favourable to Simlim.sg shall prevail.
• Customer’s compliance: The Customer agrees to comply with all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Goods through the Platform, as well as any amendments to the aforementioned, issued by Simlim.sg (whether as part of use of the Platform or in relation to the purchase of Goods, on behalf of Merchants) from time to time. 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.
• Pictures and Description of Goods: Despite Simlim.sg’s or Merchants’ best efforts to provide an accurate picture and description of Goods, neither Simlim.sg nor Merchants warrant that such pictures and descriptions are accurate, current or free from error. In the event that the Good(s) received by the Customer is of a fundamentally different nature from the Good as described and illustrated on the Platform and which the Customer has ordered, Customer must leave the Good unopened and contact Simlim.sg by replying to the receipt sent by email within 3 days after delivery for a prompt resolution.
• Nature of Sale: Good(s) are sold via the Platform to a Customer by Simlim.sg or by specific Merchant(s) of Sim Lim Square, with the Platform serving as the conduit of the sales transaction(s). Good(s) sold via the Platform will be governed by individual Customer Contract(s) which are agreements entered directly and solely between Simlim.sg or Merchant(s) and the Customer. Simlim.sg or the Merchant(s) is the party responsible for the provision of the Good. If Good(s) sold are by Merchant, it may have its own terms and conditions regarding the Good which the Customer agrees to abide by them.
• Merchant Information: For Goods not directly sold by Simlim.sg, the Platform matches an Order with the most appropriate Merchant(s) to fulfill an Order once and only after payment is successfully made through the Platform. For this reason, Merchant(s) cannot be mentioned on the Customer's payment receipt as it's issued at the time payment is made. Should a Customer require further information about the Merchant(s) who fulfilled their Order, a written request can be sent to Simlim.sg by replying to the receipt sent by email right after purchase.
• After-Sales Support: Limited after-sales support is provided only by Simlim.sg and not by a Merchant(s) (unless otherwise stated). The Customer agrees to contact Simlim.sg with any questions or queries by replying to the receipt sent by email right after purchase.
• Order Placement: A Customer may place an Order by completing the Order form on the Platform and clicking on the “Pay Now” button and confirming payment (an email receipt will be sent automatically in this case). Alternatively, Simlim.sg may accept purchase orders sent by Customers by giving them a written confirmation by email. Simlim.sg may not accept an Order placed in any other manner. The Customer is solely responsible for the accuracy of his/her Order.
• Irrevocable and Unconditional Nature of an Order: An Order is deemed irrevocable and unconditional upon successful payment through the Platform at which point Simlim.sg is entitled (but not obliged) to process the Order without the Customer's further consent and without any further reference or notice from the Customer. Under certain circumstances (see Termination), a Customer may request an amendment or cancellation to the Order upon which Simlim.sg may or may not accede. An agreement to such a request is completely at the behest of Simlim.sg, and thus Simlim.sg is not obliged to amend or cancel any order upon successful payment.
• Reservation of Rights Pertaining to an Order: Any Order is subject to Simlim.sg's acceptance of the Order (at its sole discretion) on behalf of itself or the Merchant(s). Each accepted order is deemed as a separate contract between Customer and Simlim.sg or Merchant (hitherto referred to as "Customer Contract”), depending on Good(s) sold. For the avoidance of doubt, Simlim.sg reserves the right to decline to process or accept any Order received from or through its system; Order acceptance is at the absolute discretion of Simlim.sg.
• Termination in the Event of Pricing Error: Simlim.sg reserves the right to cancel an Order if a Good has been erroneously priced on the Platform (regardless whether the payment has been successfully made). Should such an occurrence happen, Simlim.sg will contact the Customer within 24 hours and if no agreement or resolution on pricing is made, Simlim.sg will refund the Customer's payment in full if the payment was successfully made. On the rare occasion that the erroneously priced Good(s) has been delivered, Simlim.sg reserves the right to collect the Good(s) at its discretion and expense and offer a full refund in exchange.
• Delay or Termination In The Event The Customer Is Unreachable: Simlim.sg may require contacting the customer using any of the contact details collected during checkout, in order to reconfirm a fulfillment time or verify the authenticity of an order before fulfilling it. The Customer understands that any delay in their reply might result in a delayed fulfillment, or in the Termination of the Order in the event where the customer remains unreachable after 7 calendar days. In this case, Simlim.sg might charge a restocking fee up to 20% of the Order's value.
• Customer’s Acknowledgement: Customer acknowledges and warrants to have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Simlim.sg which has not been stated expressly on the Platform or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by the Platform. Customer also acknowledges and agrees that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale allocate risks between the parties and may permit Simlim.sg to provide the Goods at lower fee(s) or prices than another Merchant otherwise could and Customer agrees that such exclusions on liability are reasonable.
• No Representations or Warranties: Without prejudice to the generality of the foregoing previous Clause:
• No condition is made or implied. nor is any warranty given or to be implied as to the life or wear of the Good(s) supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Simlim.sg;
• Simlim.sg binds itself only to deliver the Good(s) in accordance with the general description under which it is sold, whether any special or particular description shall have been given or implied by law. Any such special or particular description shall be taken only as the expression of Simlim.sg’s and Merchants’ opinion in that behalf. Neither Simlim.sg nor Merchants give any warranty as to the quality, state, condition or fitness of the Goods;
• Simlim.sg and Merchants shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Simlim.sg, addition and insertion of parts, in particular spare parts which do not come from Simlim.sg and/or Merchants via the Platform;
• Neither Simlim.sg nor the Merchant(s) shall be under any liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow Simlim.sg’s instructions (whether oral or in writing) misuse or alteration or repair of the Good(s) without Simlim.sg’s approval on behalf of itself or the Merchant;
• Simlim.sg will not be liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Simlim.sg’s prior written approval on behalf of itself or the Merchant and the Customer shall indemnify Simlim.sg against all Losses arising out of such claims;
• Simlim.sg and/or the Merchant(s) shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Good(s) has not been paid in cleared funds by the due date for payment; and
• Simlim.sg and/or the Merchant(s) shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the warranty of each Good, if any.
• Unless the prior written consent of Simlim.sg has been obtained on behalf of itself or a Merchant, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Good(s).
• Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by the Simlim.sg on behalf of itself or a Merchant in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by the Merchant or its licensors and must not be used other than strictly in accordance with such terms and conditions.
• The Customer agrees and acknowledges that the Product Materials shall remain the property of Simlim.sg or the Merchant or its licensors. The Customer further agrees that all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Simlim.sg or the Merchant or its licensors. Unless otherwise expressly provided in the Order or the prior written consent from Simlim.sg has been obtained on behalf of itself of the Merchant, the Customer undertakes to return the Product Materials and/or any copies thereof upon Simlim.sg’s request on behalf of itself or the Merchant.
• For Good(s) that come with a valid agent warranty, the Customer may be required to submit required paperwork to and communicate directly with the local distributor / brand / agent of the Good(s) directly.
• Address: Delivery of the Good(s) shall be made to the address specified by the Customer in the Order to/through Simlim.sg/the Platform.
• Delivery, packing and handling charges: Delivery methods and charges are described on each product page and throughout the checkout process until payment. They are subject to modification by Simlim.sg at any time without any prior notice.
• Delivery timeframe: Customer acknowledges that delivery of the Good(s) is subject to availability of the Good(s). Simlim.sg will make every reasonable effort to deliver the Good(s) within the delivery timeframe chosen by the Customer, but the Customer acknowledges that despite Simlim.sg’s best effort to match the Order with Merchants’ stock, it is possible that in some instances a Good may become unavailable. All delivery timeframes given are estimates only and delays can occur. If the delivery of an Order is delayed, Simlim.sg will inform the Customer accordingly via email or phone and give the option to either choose another item (difference in value will be refunded via the initial method of payment if replacement product is cheaper, difference in value will be requested if replacement product is more expensive) or to cancel their order and get full refund. Alternatively, Customer might choose to wait and the Order will be delivered as soon as it becomes available. The time for delivery shall not be of the essence, and thus Simlim.sg (or any of its agents) shall not be liable for any delay in delivery howsoever caused.
• Deemed receipt: In the event where the Customer does not receive the Good(s) during the projected delivery timeframe and if Customer informs Simlim.sg within 3 days immediately after such projected delivery date, Simlim.sg will try, to the best of its ability, to locate and deliver the Good(s). If Simlim.sg does not hear from the Customer within 3 days from such projected delivery date, Customer shall be deemed to have received the Good.
• Voucher / Promo Code from Simlim.sg: If there is a delay in delivery of the Goods, Simlim.sg may, at its sole discretion, offer a Voucher or Promo Code to the Customer. Upon the acceptance of a Voucher or Promo Code by the Customer, the Customer shall have no further claim against Simlim.sg nor any of its participating Merchant(s).
• Customer’s failure to take delivery: If the Customer fails to take delivery of the Good(s) (otherwise than because of any cause beyond the Customer's reasonable control or by reason of Simlim.sg’s fault) then without prejudice to any other right or remedy available to Simlim.sg, Simlim.sg may terminate the Customer Contract.
• One-attempt delivery policy: Delivery will only be fulfilled to the address entered by the Customer in the Order with a strictly one-attempt policy. If the Customer is unable to receive the good(s) for any reason during the allocated delivery time specified by Simlim.sg’s delivery confirmation email, Simlim.sg may, at its own discretion, give the Customer the option to either have the paid Good(s) be re-delivered at a flat rate of $S20 (not including extra fees applicable for restricted delivery areas), or to allow the Customer or any person duly authorised by him/her to physically collect the Order from Simlim.sg’s Office during Simlim.sg’s Opening Hours. If the Customer is not reachable after a period of 7 days following a failed delivery / self-collection or if the Customer does not agree with neither the re-delivery nor the physical collection option given, the transaction may be considered cancelled and the Customer’s credit card will be refunded minus a restocking fee (up to 20% of the order's value).
Prices of Goods
• Listing Price: The price of the Goods payable by a Customer shall be the Listing Price at the time the Order is placed by the Customer.
• Taxes: All Listing Prices are inclusive of GST unless otherwise stated. Simlim.sg reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
• General: Customer must pay for the Good(s) using exclusively the payment methods prescribed by the Platform. Customer acknowledges that Simlim.sg is entitled to collect payments from Customer on behalf of itself or any Merchant.
• Deposit: In certain cases, Simlim.sg might require Customer to pay a security deposit instead of full payment for the Order to be placed on the platform. In this case, Customer acknowledges that the ownership of the Good(s) will be transferred from Simlim.sg to Customer only after the balance is fully paid as prescribed on Customer's partial payment receipt and that the deposit paid may be used by Simlim.sg to cover any restocking fee (as described below in these terms) should Customer or Simlim.sg decide to cancel the Customer Contract in accordance with those terms.
• Payment terms: Payment terms may be exceptionally granted at Simlim.sg's own discretion, and will be acknowledged by the Customer on the purchase order issued by them. In the case of a late payment, the Customer agrees to pay Simlim.sg a fixed admin fee of SGD 300 covering the inception of a fund recovery procedure as well as interests at the rate of 15% per annum. The Customer also agrees to cover and refund to Simlim.sg the cost of all further legal proceedings that may be required in order to recover the funds.
• Pre-Orders: In the case where the Customer places an Order for an item that is not immediately available in stock, Simlim.sg may request the Customer to pay up a deposit for their Order to be considered placed. Simlim.sg will inform the Customer as soon as the Order is ready to fulfill, and the Customer will make the necessary arrangement to make their balance payment within one calendar week. Past this time-frame, Simlim.sg will consider that the customer cancelled their Order and will either keep the deposit paid by the customer to partially cover the cost related to the unclaimed stock, or allow the customer to make their balance payment assuming that the stock is still available, plus the admin fees and interests as described in the paragraph related to the Payment Terms above.
• Additional terms: The payment methods may be subject to additional terms as prescribed on the Platform from time to time.
• Payment methods: Customers agree to be subject to the applicable user agreement of their payment method and related processing fee if any. Customer may not claim against any Merchant or any of its agents including Simlim.sg, for any failure, disruption or error in connection with their chosen payment method. Simlim.sg reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method and related processing fee without notice to the Customer or giving any reason.
• Payment by Voucher: If Customer uses a Voucher, the Voucher’s terms & conditions as set out at on the Voucher and/or otherwise informed by Simlim.sg would apply.
• Invoicing: Simlim.sg will issue an invoice on behalf of itself or a merchant (if applicable). If Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is canceled for any reason whatsoever, then without prejudice to any other right or remedy available to Simlim.sg, Simlim.sg shall be entitled to cancel the Customer Contract or suspend delivery of the Goods until payment is made in full.
• Refund of Payment:
(a) All refunds shall be made via the original payment mechanism and to the Customer who made the original payment
(b) Simlim.sg offers no guarantee of any nature for the timeliness of the refunds reaching Customer’s account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Customer.
(d) All refunds are conditional upon Simlim.sg’s acceptance of a valid return of the Good(s).
(e) Simlim.sg reserves the right to modify the mechanism of processing refunds at any time without notice.
• Return Policy: All returns must be done in accordance with the instructions communicated upon acceptance of a Customer’s return request. Simlim.sg is not obliged to agree to any return unless all such instructions are followed by the Customer to Simlim.sg’s satisfaction.
• Permitted Returns: Subject to the Clause above, Customer may return a Good when:
• Good was delivered less than 7 working days before, Good has not already been subject to a replacement and Customer has not opened the Good's package. In this case, Customer may request a refund or exchange by replying to the receipt sent by email upon purchase. Restocking fees up to 20% may apply.
• Good was delivered less than 30 days before and Good is faulty. In this case, Customer may bring the Good back to Simlim.sg's service office located at Sim Lim Square for quality tests. Following test results, Simlim.sg may offer to either replace the good or have the brand/distributor repair it, at its sole discretion depending on the issue.
• Restocking Fee: A restocking fee up to 20% of Good's price on Simlim.sg is applicable for canceled orders and returned Goods that are not faulty unless Customer receives a Good that is fundamentally different in nature from the Good specified in the Customer Contract.
• Options for Returns: Goods must be returned in-person (during Simlim.sg’s Opening Hours) or via courier (at Customer's expense) to Simlim.sg’s Office. Please contact Simlim.sg by replying to the receipt sent by email upon payment for further instructions.
• Replacement Good: Customer may be given a replacement Good if he/she receives a faulty Good; Simlim.sg will consistently test replacement Good(s) before delivery to the customer. Once Simlim.sg has provided the replacement Good or given the Customer a refund, the non-conforming Good(s) or parts thereof shall become Simlim.sg’s property and upon request such Goods or parts thereof should be shipped back to Simlim.sg at Customer’s cost.
• Risk of Damage or Loss: Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery/physical collection of the Goods, or if the Customer wrongfully fails to take delivery of the Goods, the time when Simlim.sg (or via Simlim.sg’s agents) has tendered delivery of the Goods.
Questions and complaints
If you have any questions or complaints, please contact Simlim.sg at +65 6909 2530 or via https://www.simlim.sg/contactus
• Cancellation by Customer: Customer may cancel the Order at no charge within 2 hours after a Regular Delivery order is placed, by sending us a note via email (just reply to the receipt generated when payment was made) or via https://www.simlim.sg/contactus. "2-Hour" orders cannot be canceled. The Customer understands that restocking fees may be charged to cover the cost involved prior to cancelation, in accordance with the “Returns/Replacements” clause above.
• Cancellation by Simlim.sg: Without prejudice to any other right of termination elsewhere in these Terms, Simlim.sg may stop any Good in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
• the Goods under the Customer Contract becomes unavailable for any reason;
• the Customer being in breach of an obligation under the Customer Contract;
• the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
• the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
• the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
Risk and property of the Goods
• Risk of damage to or loss of the Good(s) shall pass to the Customer at the time of delivery.
• Notwithstanding delivery and the passing of risk in the Good(s) or any other provision of these Conditions the property in the Good(s) shall not pass to the Customer until Simlim.sg has received in cash or cleared funds payment in full of the price of the Good(s) and all other goods agreed to be sold by Simlim.sg to the Customer for which payment is then due.
• Until the property in the Good(s) passes to the Customer, the Customer shall hold the Good(s) as Simlim.sg's fiduciary agent and bailee and shall keep the Good(s) separate from those of the Customer.
• The Customer agrees with Simlim.sg that the Customer shall immediately notify Simlim.sg of any matter from time to time affecting Simlim.sg’s title to the Good(s) and the Customer shall provide Simlim.sg with any information relating to the Good(s) as Simlim.sg may require from time to time.
• Until such time as the property in the Good(s) passes to the Customer (and provided the Good(s) are still in existence and have not been resold) Simlim.sg shall be entitled at any time to demand the Customer to deliver up the Good(s) to Simlim.sg and in the event of non-compliance Simlim.sg reserves its right to take legal action against the Customer for the delivery up the Good(s) and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.
• The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Good(s) which remain the property of Simlim.sg but if the Customer does so all monies owing by the Customer to Simlim.sg shall (without prejudice to any other right or remedy of Simlim.sg) forthwith become due and payable.
• The Customer shall indemnify Simlim.sg against all loss damages costs expenses and legal fees incurred by Simlim.sg in connection with the assertion and enforcement of Simlim.sg's rights under these Terms.
LIMITATION OF LIABILITY
• SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN THE RETURNS/REPLACEMENTS CLAUSE ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE GOODS.
• MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, SIMLIM.SG’S MAXIMUM CUMULATIVE LIABILITY TO THE CUSTOMER OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SALE OF GOODS UNDER EACH CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT CUSTOMER HAS PAID UNDER SUCH CUSTOMER CONTRACT.
• EXCLUSION OF LIABILITY: SIMLIM.SG INDEMNITEES SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY GOOD; (II) THE SALE OF THE GOOD TO THE CUSTOMER, OR ITS USE OR RESALE BY THE CUSTOMER; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE GOODS OR FAILURE TO COMPLY WITH SIMLIM.SG’S INSTRUCTIONS ON THE USE OF THE GOODS (WHETHER ORAL OR WRITTEN).
• References to “Simlim.sg”: References to “Simlim.sg” in these Terms apply both to Simlim.sg’s actions as the operator of the Platform and/or as the agent of Merchants (if applicable) in respect of each Customer Contract.
• Right to subcontract: Merchants (if applicable) shall be entitled to delegate and/or subcontract any rights or obligations under these Terms to Simlim.sg or any of Simlim.sg’s designated service providers, subcontractors and/or agents.
• Cumulative rights and remedies: Unless otherwise provided under these Terms, the provisions of these Terms and Simlim.sg’s and/or Merchant’s rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies Simlim.sg and/or Merchant may have in law or in equity, and no exercise by Simlim.sg and/or Merchant of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms or at law or in equity) operate so as to hinder or prevent Simlim.sg’s and/or Merchant’s exercise of any other such right or remedy as at law or in equity.
• No waiver: Simlim.sg’s failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. Simlim.sg would still be entitled to use its rights and remedies in any other situation where Customer breach these Terms.
• Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
• Rights of third parties: A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms.
• Governing law: These Terms shall be governed and construed in accordance with the laws of Singapore and parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.
• Except as provided for in the Clause above, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
• Injunctive relief: Simlim.sg may seek immediate injunctive relief if Simlim.sg makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
• Amendments: Simlim.sg may by notice through the Platform or by such other method of notification as Simlim.sg may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms, such variation to take effect on the date Simlim.sg specifies through the above means. If Customer uses the Platform or the Services after such date, Customer is deemed to have accepted such variation. If Customer does not accept the variation, Customer must stop access or using the Platform and the Services and terminate these Terms. Simlim.sg’s right to vary these Terms in the manner aforesaid will be exercised by Simlim.sg and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms. The version of Terms applicable to any particular Order is the latest version in force.
• Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Simlim.sg’s part shall be subject to correction without any liability on Simlim.sg’s part.
• Currency: Money references under these Terms shall be in Singapore Dollars.
• Language: If these Terms are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms shall govern and shall take precedence over the Foreign Language Version.
• Entire agreement: These Terms shall constitute the entire agreement between Customer and Simlim.sg and/or Merchant (if applicable) relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
• Binding and conclusive: Customer acknowledges and agrees that any records (including records of any telephone conversations relating to the Services, if any) maintained by Simlim.sg or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on Customer for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Customer and Simlim.sg. Customer hereby agrees that all such records are admissible in evidence and that Customer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and Customer hereby waive any of their rights, if any, to so object.
• Assignment: Customers may not assign their rights under these Terms without Simlim.sg’s prior written consent. Merchant may assign its rights under these Terms to any third party.
• Force Majeure: Neither Simlim.sg nor Merchant shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Simlim.sg’s or Merchant’s reasonable control.