Equipoise Living (“EQPliving”) is a company registered in Singapore with the company registration number: 53408382W. EQPliving owns and operates the e-commerce website at www.eqpliving.com (“Site”) as a platform for online shopping for home living items supplied by EQPliving through the Site (“Services”).
1. This Terms
1.1 The terms and conditions set out in this Terms of Service (“Terms”) govern all users of the Site and/or Services, including end-customers (collectively, “Users”) and constitute a legal and binding agreement between Users and EQPliving. By using or otherwise accessing the Site and/or Services, Users are confirming that they have read, understood and agreed to this Terms. The access to or use of certain areas or features of the Site and/or Services may be subject to separate policies, standards or guidelines, or may require Users to accept additional terms and conditions as published on the Site.
1.2 EQPliving reserves the right, in its sole discretion, to vary any parts of this Terms any time. Users should periodically visit this page to review the current Terms so that they are aware of any revision by which they are bound. Users’ continued use of the Site and/or Services after any such changes constitutes acceptance of the latest Terms. However, any changes will not apply retrospectively.
1.3 Additional and other business terms (e.g. terms and conditions relating to acceptable modes of payment, delivery of purchases, return & refund policy, product warranty, etc) also constitute the terms and conditions of the Services incorporated by reference into this Terms.
1.4 All obligations and restrictions applicable to Users under this Terms shall be binding on and applicable to their Authorized Users (defined below) jointly and severally, and Users shall be responsible to procure that their Authorized Users adhere to this Terms. Accordingly, a default of this Terms by any Authorized User shall be deemed a default by the User jointly and severally.
- “Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site;
- “Event of Force Majeure” means any cause beyond the reasonable control of a Party to this Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;
- “Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Site, Services and/or Content;
- “EQPliving Technology” means EQPliving’s proprietary technology underlying the Site, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by EQPliving or its licensors) in connection with the Site, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by EQPliving from time to time that are not uniquely applicable to Users or that have general applicability in the art;
- “Parties” means collectively EQPliving and relevant User, and a “Party” means any of them;
- “Payment Method” means the User’s current and valid method of payment that is accepted by EQPliving, as may be varied or updated from time to time;
- “Personal Data” means data that may enable EQPliving to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which EQPliving has or are likely to have access;
- Promo Codes are not transferable, exchangeable or convertible for cash;
- Promo Codes may not be combined or accumulated with other offers or promo.
- Promo Codes may only be used pursuant to the specific terms that EQPliving establishes for such Promo Codes and Users must enter the relevant Promo Code into the relevant field prior to completing an order;
- A minimum spend may be required before use of a Promo Code is permitted;
- No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Promo Codes is allowed. Promo Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used. EQPliving reserves the right to verify the validity of any Promo Code and to declare null and void, any Promo Code which in its opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used;
- EQPliving reserves the right to withhold, deduct or remove credits or other features or benefits obtained through the use of a Promo Code by any User in the event that EQPliving determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code or this Terms.
8. Obligations and Restrictions
- use it for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or this Terms;
- use it in any manner that could damage, disable or impair EQPliving’s server, or interfere with other Users’ access or use of the Site and security related feature of the Site;
- disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on EQPliving Technology, any software, applications, updates or hardware contained in or available via the Site;
- do anything or cause an action to be done resulting in the infringement or violation of EQPliving’s Intellectual Property Rights;
- attempt to gain unauthorized access to the Site by using other User’s Account through means of hacking, mining or other means of interference;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or circumvent any technology used to protect the Site;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site and/or Services; and/or
- remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Site or pass off or attempt to pass off the Site and/or Services as the product of anyone other than EQPliving.
9.1 EQPliving may modify or upgrade the features and functionality of the Site from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Site or any function or feature thereof. In this regard, Users acknowledge and agree that EQPliving assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Site.
9.2 Notwithstanding anything contained in this Terms, EQPliving reserves the right to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof). Users agree that EQPliving shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Site and/or Services.10. Intellectual Property
10.1 The Site, Content and EQPliving Technology underlying the Site are the property of EQPliving (i.e. EQPliving .) and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorized by EQPliving, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site and/or Content, in whole or in part. The word “EQPliving” and associated logo are the trademarks, trade names and/or service marks of EQPliving, and Users agree not to display or use in any manner such names and/or marks without EQPliving’s prior written authorization. In using the Site, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in EQPliving Technology. Any uses of the Site and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by EQPliving.
10.2 By using the Site, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site and/or Services granted to Users pursuant to this Terms. Nothing in this Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of EQPliving’s trade or service marks displayed on the Site without EQPliving’s prior written permission in each instance. All goodwill generated from the use of the Site, Services and/or Content will inure to EQPliving’s exclusive benefit.
10.3 To the extent where Users provide EQPliving with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to EQPliving and acknowledge that EQPliving can use and share such Feedback for any purpose in its sole discretion.
10.4 Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to EQPliving.11. Third-Party Resources
11.1 The Site may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third-Party Resources”) that are not owned or controlled by EQPliving, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by EQPliving of such Third-Party Resources.
11.2 When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any Third-Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under this Terms.
11.3 EQPliving has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Resources. In addition, EQPliving will not and cannot monitor, verify, censor or edit the content of any Third-Party Resources. Users expressly relieve and hold EQPliving harmless from any and all liability arising from the use of any Third-Party Resources.12. Disclaimers
12.1 This Terms set out the full extent of our obligations and liabilities in respect of the Site and Services.
12.2 EQPliving PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT THEIR SOLE RISK. OTHER THAN APPLICABLE PRODUCT WARRANTIES, EQPliving EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (III) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICE, AND (IV) THAT THE SITE AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EQPliving OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12.3 EQPliving has no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site and/or Services.
12.4 Users may see advertising material submitted by third parties on the Site. Each individual advertiser is solely responsible for the content of its advertising material and EQPliving accepts no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
12.5 If any Users are dissatisfied with the Site and/or Services, or do not agree with any part of this Terms, or have any other dispute or claim with or against EQPliving with respect to this Terms or the Site, Users’ sole recourse is to discontinue use of the Site and/or Services.13. Exclusion and Limitation of Liability
13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EQPliving BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THIS TERMS, THE SITE, SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, THEN USERS EXPRESSLY AGREE THAT IN NO EVENT WILL EQPliving’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY THE RELEVANT USER TO EQPliving IN RESPECT OF ANY PRODUCT OR SERVICE BEING THE SUBJECT OF THAT USER’S CLAIM.
13.2 Nothing in this Terms shall limit or exclude EQPliving’s liability in respect of (i) losses caused by fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) Users’ statutory rights.14. Indemnity and Release
14.1 Users hereby agree to indemnify EQPliving, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Site, Services, Content and/or performance of Users’ duties and obligations under this Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of this Terms by the Indemnified Parties.15. Term, Suspension and Termination
15.1 The agreement between EQPliving and each User under this Terms shall take effect upon the earlier of (a) the User’s commencement of the use of the Site and/or Services, or (b) registration of an Account, or (c) execution of a written agreement with EQPliving in respect of the use of EQPliving’s services, and will remain in full force and effect for as long as relevant User continue to use the Site and/or Services.
15.2 EQPliving may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, Services and/or its Account under this Terms in the event of any actual or suspected breach of any provisions under this Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, EQPliving reserves the right to remove and discard data in and content of the User’s Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.
15.3 Upon termination of the agreement with a User pursuant to this Terms, the User’s access rights to the Site and/or Services and other rights hereunder shall terminate.
15.4 All provisions of this Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.16. General
16.1 No delay, neglect or forbearance on the part of a Party in enforcing against the other Party any term or condition of this Terms shall either be or deemed to be a waiver or in any way prejudice any right of that Party under this Terms.
16.2 If any provision of this Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from this Terms and rendered ineffective as far as possible without modifying the remaining provision of this Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of this Terms.
16.3 Save as otherwise specifically provided in this Terms, the Parties hereunder shall not be liable for failures or delays in performing their obligations hereunder arising from any Event of Force Majeure, and in the event of any such delay, the time for all Parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances.
16.4 This Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by Users without EQPliving’s prior written consent. EQPliving may transfer, assign or delegate this Terms and its rights and obligations thereof without prior notice to or consent by Users.
16.5 All rights and obligations under this Terms are personal to Users. A person who is not a party to this Terms shall have no right to enforce any provision of this Terms.17. Governing Law and Jurisdictions
17.1 Irrespective of the country from which Users access or use the Site and/or Services, to the extent permitted by law, this Terms and Users’ use of the Site and/or Services shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with this Terms.