Terms of Use
These Terms of Use apply when you access and/or use www.thebikesettlement.com, operated by The Bike Settlement Pte Ltd (us,we,our in the terms) (UEN: 201309233C).
You should read these Terms of Use. By accessing and/or using the Website or any part of it, you agree that you have read these Terms of Use and that you accept them and agree to be bound by them.
We may modify these Terms of Use without liability and without prior notice to you. The modified Terms of Use will be posted on the Website, and will come into effect from the date of such posting.
Intellectual Property Rights
The Website and the information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of the Website for any purpose without our prior written permission except that you may download materials displayed on the Website for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.
All right, title and interest in the Intellectual Property Rights on the Website shall at all times remain the property of us and/or our licensors. You are not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.
You agree not to use the Website for any purpose or in any matter that is unlawful or infringes our or any third party’s Intellectual Property Rights.
User Account
In order to make a purchase on the Website, you will need to register an account with us. By registering an account, you warrant that:
(a) you are at least 21 years of age;
(b) if you are below 21 years of age, you have obtained the consent of your parent or legal guardian, or you are under the supervision of your parent or legal guardian;
(c) you are using your actual identity;
(d) the personal data that you have provided to us is true, accurate, complete, and current; and you will maintain and promptly update the personal data that you have provided to us in order that such data is kept true, accurate, complete, and current.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We will not be liable for any loss or damage for arising from you failure to comply with these Terms of Use.
Prohibitions
When using the Website you cannot:
(a) interfere or disable any security related features of the Website or features that prevent or restrict use or copying of the content accessible via the Website;
(b) give any false information in your account details;
(c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation;
(d) use the Website if we have suspended or banned you from using it;
(e) send junk, spam or repetitive messages;
(f) engage in any illegal or unlawful conduct;
(g) modify, interfere, intercept, disrupt or hack the Website;
(h) misuse the Website by knowingly introducing viruses, malware, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the Website, any Website user’s equipment or have a detrimental impact on any Website user’s experience of using the Website;
(i) collect any data from the Website
(j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
(k) abuse, harm or bully another Website user, member of our staff or person;
(l) submit or contribute any user content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
(m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
Links and Sharing
Please note that if you do share content onto other platforms, there may be separate terms and conditions connected to the organisation that allows you to share. Please check the terms and conditions of any website you intend to share to. Some terms and conditions may prohibit you from sharing our content.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Product(s) – Description, Prices and Liability
We may temporarily or permanently remove any Product(s) and/or Service(s) from the Website at any time, with or without notice to you.
We try our best to make sure that all information on the Website, including descriptions of the Product(s) and/or Service(s) and listed prices are accurate at all times.
Pictures and images on the Website are for illustration purposes only. When browsing the Website, the colours of Products may vary depending on a number of factors, such as the display settings of your computer monitor.
All Product prices shown on the Website are quoted in Singapore dollars and are inclusive of GST in Singapore.
We do not guarantee that:
(a) the Product or Service prices on the Website will be the same as the in-store prices (and vice versa);
(b) any promotion that is offered on the Website will be available in-store (and vice versa); and
(c) any Product or Service that is offered for sale on the Website will also be offered for sale in-store (and vice versa).
We reserve the right to adjust prices, Products, Product descriptions, Services, Service descriptions and special offers at any time and at our discretion.
All Product(s) are provided “as-is”. We, our affiliates, officers and employees give no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product.
We will, under no circumstances, be liable for any loss or damage suffered by you or anyone else arising from any:
(a) modification to the Product that has not been authorised by us in writing;
(b) use of the Product in a manner that has not been authorised by us in writing, or in a manner that not in accordance with how the Product will be used by a reasonable person;
(c) disregard of any safety instructions or guidelines that we have prescribed; and/or
We will not be liable to you under contract, tort, statute or otherwise for any: (i) indirect, consequential, collateral, special or incidental loss or damage; (ii) loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, claims of third parties or any associated and incidental costs or expenses; or (iii) losses that are not reasonably foreseeable at the time your Order is accepted, in each case suffered or incurred by you in connection with any Order, any Product or any services procured under these Terms of Purchase or otherwise.
Product Orders and Delivery
After placing your Order, you will receive an order confirmation email. This contains an order number, details of the Product(s) & Service(s) you have ordered and the total cost of the Order.
The Order confirmation email does not constitute our acceptance of your Order.
The sale of Products is subject to availability. If any Product that you have ordered is not in stock, we will contact you.
You will also need to provide us with an active email address and a telephone number so that we can easily contact you.
Your Order is only accepted by us when we send to you the Order Confirmation?
All delivery services are provided by our third party service provider.
On delivery for bulky items, it is your responsibility to examine the Product(s), check the condition of the packaging and ensure that the correct number of packages has been delivered and you will be asked to sign the proof of delivery to confirm this. If there are any issues, you should detail this accordingly on the proof of delivery. Missing Product(s) will be re-ordered and damaged/incorrect Product(s) will be returned and replaced and delivered free of charge only if you highlight it on the point of delivery. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
In the event of any unforeseen circumstances (such as lorry breakdown, traffic accident, major traffic delays or severe weather) we will do our best to contact you to rearrange an alternative delivery date and timeslot.
Please make plans to be available to accept your delivery. If you are not available, there must be a person aged 18 years and above that is capable of receiving delivery on your behalf, and you agree that we can rely on such person’s instructions as if they were your own. We are not obliged to verify that that person has been authorized by you to receive delivery of the Order. Our service providers are not permitted to leave any Product(s) that have not been signed for. In the event of an unsuccessful scheduled delivery, a re-attendance fee shall apply for the next delivery attempt.
Changes to the Website
We reserve the right, but undertake no duty, to review edit or otherwise change the Website and any information contained on the Website at our sole discretion and without notice.
Warranties
The information provided on the Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on the Website. We assume no liability for any loss or damage arising from your use of or reliance on the information on the Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.
13. We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free. We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content.
Limitation of Liability
By accessing and using the Website you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website.
WITHOUT LIMITING THE FOREGOING:
(A) THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT;
(B) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE; AND
(C) WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.
Termination
We may, under certain circumstances and without prior notice to you, at our sole discretion, terminate your access to the Website Cause for such termination shall include without limitation:
(a) breaches or violations of these Terms of Use;
(b) request by law enforcement or other government agencies;
(c) infringement of Intellectual Property Rights;
(e) unexpected technical or security issues.
Termination of your access to the Website (in whole or in part) shall be without prejudice to any other rights or remedies we may be entitled to under these Terms of Use, 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.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore.
