Stamford Tyres

STAMFORD TYRES STANDARD TERMS OF USE

Please read these Terms of Use carefully before accessing or using the Platform and/or opening an account on the Platform.

I. These Terms of Use (“Terms of Use”) form a legally binding agreement between you (“you”) and Stamford Tyres International Pte Ltd (“Stamford Tyres”, “we” or “us”). These Terms of Use apply to the Platform and set out the terms and conditions for your use of the Platform.

II. Stamford Tyres International Pte Ltd is a company incorporated in Singapore (UEN 198904415C) and its registered address is at 19 Lok Yang Way Singapore 628635.

III. By accessing, using or signing up for an account on the Platform (including but not limited to downloading a copy of the Mobile Application), you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not access, use or sign up for an account on the Platform.

You should keep a record of these Terms of Use for your reference.

1. DEFINITIONS

In these Terms of Use, the following words shall have the meaning set out below:

“Affiliates” means:

(a) Any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Stamford Tyres. This includes, but is not limited to, subsidiaries, holding companies and/or ultimate holding companies of Stamford Tyres; and

(b) Any entity from which Stamford Tyres directly or indirectly sources goods and products for the Platform.

“Approved Territories” means Singapore.

“Business Hours” means 9AM to 6PM Singapore time (GMT + 8) on any day which is not a government-gazetted holiday in Singapore.

“Intellectual Property” refers to all full global intellectual property and similar related rights in the broadest sense of the term, including copyrights, trademarks, trading name rights, database rights, patents, design rights, know-how and domain names, (or entitlement to same), as well as any future intellectual property rights and applications to acquire the aforementioned or similar rights.

“Mobile Application” refers to the Stamford Tyres mobile application software.

“Personal Data” refers to the information set out in Section 2 of the Privacy Policy.

“Platform” refers to the online platform service through which you can purchase motor vehicle products and parts and book various services for motor vehicles, including parts installation, repair, maintenance and recovery services. The Platform comprises:

(a) The Website and the Mobile Application;

(b) The services provided via the Website and Mobile Application and any software which is usable or otherwise available through the same;

(c) All information, images, data, audio, video, graphics, text and other materials or content which is available on the Website and the Mobile Application;

(d) Any fixes, updates, modifications and enhancements (if any) as may, from time to time, be implemented onto the Website and/or Mobile Application.

“Privacy Policy” means the privacy policy applicable to the Platform, which is accessible on the Website, as may be updated from time to time.

“Website” refers to the web version of the Platform.

2. LICENCE TO USE THE PLATFORM & APPLICABLE CONDITIONS

2.1. On the condition that you comply with these Terms of Use, we grant you a non-exclusive, revocable and non-transferable right to access and use the Platform.

2.2. You must be at least 18 years of age to accept these Terms of Use and access, use and/or open an account on the Platform.

2.3. You agree not to:

(a) Access or use the Platform or open an account unless you are located in one of the Approved Territories;

(b) Access or use the Platform on any device not owned by you, unless you assume sole responsibility for complying with these Terms of Use;

(c) Use the Platform in a manner or for any purposes which are unlawful, fraudulent, harmful, tortious, unconscionable, misleading, deceptive, abusive, defamatory or otherwise legally, socially, morally and/or ethically unacceptable;

(d) Impersonate any person or entity or otherwise misrepresent your identity or affiliation with a person or entity in the course of your use of the Platform;

(e) Open and/or operate multiple user accounts in a manner that violates these Terms of Use;

(f) Engage in any act or omission which undermines any feedback or ratings systems;

(g) Harvest or collect any information about other account holders, including but not limited to Personal Data;

(h) Upload, transmit, email, or otherwise disclose or make available any information you do not have the right to disclose under any law, contract or fiduciary relationship or which infringes any Intellectual Property rights of any party;

(i) Copy the Platform or the underlying software;

(j) Make alterations to, or modifications of, the whole or any part of the Platform;

(k) Permit the Platform or any part of it to be combined with, or become incorporated in, any other programmes;

(l) Rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Platform or the underlying software;

(m) Use the Platform in any manner that could, or potentially could, damage, disable, overburden, impair or compromise either the Platform, the security of the Platform or the ability of other users of the Platform to access and use the Platform;

(n) Use bots or other automated methods to access the Platform or create accounts on the Platform;

(o) Re-sell the Platform;

(p) Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform and the underlying software.

3. ACCOUNTS

3.1. Some features of the Platform can only be accessed or used if you register for an account and are logged in. If you create an account on the Platform, you agree that:

(a) You will keep your username, password and any device used for 2-step verification for your account secure, which includes but is not limited to using a strong password and ensuring that your username and password cannot be discovered by other parties. If your username or password is lost or stolen, or if you believe your account has been compromised or otherwise accessed unauthorised, you must notify us immediately;

(b) You are fully responsible for all activities that are conducted by your account, even if such activities were not committed by you. If you are using an account for a business, you will supervise and control the use of the Platform by your employees and representatives and ensure that they comply with these Terms of Use;

(c) You will not use a username which is offensive, inappropriate or otherwise violates the Terms of Use. If we, in our sole discretion, believe that your username is offensive, inappropriate or violates the Terms of Use, we may terminate or suspend your account or require you to change your username.

3.2. We may, for any reason at our sole discretion and without any notice or liability to you, terminate or suspend your account, and/or any transactions associated with your account and/or take any other actions which we may deem necessary. Examples of such reasons include, but are not limited to:

(a) Any actual or suspected violation of these Terms of Use;

(b) Extended periods of account inactivity, as determined at our sole discretion;

(d) Actual or suspected purchasing products for the purposes of commercial re-sale;

(e) Abnormal, unusual or excessive purchases of products, as determined at our sole discretion;

(f) Actual or suspected abuse of vouchers, discounts or other trade promotions, including but not limited to the sale of vouchers to third parties and creation of multiple user accounts to use one-time discounts or trade promotions;

(g) Actual or suspected fraud, including but not limited to chargeback fraud.

3.3. If you are using the Mobile Application, you may have the option to terminate your account. Notwithstanding such termination, you will remain responsible and liable for any complete or incomplete transaction(s) (purchases, bookings, etc.), including but not limited to payment for goods and/or services. You must contact us after you have promptly and effectively carried out and completed all incomplete transactions. We have no liability and shall not be liable for any damages incurred due to the actions taken by you or us under this clause. You waive any and all claims based on any action taken by us.

4. PURCHASES & BOOKING OF SERVICES VIA THE PLATFORM

4.1. All goods and services listings and details on the Platform are only an invitation to you to place an order. They are not offers from and are not binding on us. You may place an order via the relevant sections of the Platform, and such order constitutes an offer by you to purchase goods and/or services from us, and:

(a) If your order includes goods, your offer will be to purchase the goods in accordance with these Terms of Use and in particular, Clause 4.2; and

(b) If your order includes services (including but not limited to complimentary services or services included with a purchase of any goods), your offer will be to book the services in accordance with these Terms of Use, including in particular Clause 4.2, and our General Terms and Conditions of Service, accessible on the Website.

4.2. If you place an order to purchase goods or services from us, you agree that:

(a) No changes or cancellations can be made to your order;

(b) We may reject orders at our discretion. For example, we may reject an order if a product is out of stock, because of a misprice by us, because we cannot verify your identity or for any other reason. If we reject an order, we will notify you and refund you any sums you have paid;

(c) We will charge you at the time you place your order (if your order is for products or goods), or after services have been supplied (if your order is for services). If we require payment to be made at a different stage or at regular intervals, we will inform you. Title and ownership in any products or goods you purchase from us will only pass to you once we have received payment in full;

(d) We have the right to charge you interest on late payments. If we are unable to collect any payment you owe us for any reason, we will charge interest on the overdue amount at the rate of 12% per annum, which will accrue on a daily basis from the due date of payment until the date of actual payment;

(e) All descriptions, images, information and materials relating to goods and services listed on the Platform are provided without any warranties. We do not warrant that such descriptions, images, information and materials are accurate, up to date or free from error. Goods may vary slightly from their pictures;

(f) If you are purchasing goods or products, you are solely responsible to ensure that the same is suitable for your purposes. In particular, you are solely responsible to ensure that the goods or products are compatible with any specifications or measurements of your vehicle;

(g) We are not responsible for any delays to your order which are outside our control, including but not limited to acts of God, laws, acts of governmental authorities, war, riot, disruptions to the Internet or telecommunications and other causes of similar nature. If there are any delays, we will endeavour to inform you as soon as possible;

(h) If there are any problem(s) with goods or services, you must inform us within fourteen (14) calendar days from the date of receipt of the goods or date of completion of the services. If we agree to a return or exchange of goods, we may require you to bear the cost of shipping the goods back to us. Total or partial refunds are entirely at our discretion and we are entitled to reduce the amount of refund in the case of used or damaged goods, and refunds may exclude any shipping costs.

4.3. If we accept your order, you will be notified via an email acknowledging or confirming the order.

4.4. Unless otherwise stated, the prices listed on the Platform include GST but exclude any other applicable taxes. If there are any delivery costs for which you will be charged, these charges will be displayed at checkout. We have the right to amend prices at our discretion without giving any reason or prior notice.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. You acknowledge that all Intellectual Property rights in the Platform (including the software or source code, graphic user interface, texts and images) anywhere in the world, belong to and continue to belong to us and our Affiliates exclusively and that you have no rights in, or to, the Platform.

5.2. You are only allowed to use the Intellectual Property rights referred to in Clause 5.1 to the extent necessary for the use of the Platform and in accordance with these Terms of Use. This permission will immediately cease as soon as the non-exclusive right to use the Platform ends according to Clause 8.

5.3. You shall not do or omit to do anything that infringes or invalidates our Intellectual Property rights. You shall not remove any indications regarding our Intellectual Property rights.

6. PRIVACY & PERSONAL DATA

6.1. You consent to and grant us the right to collect, use or disclose Personal Data as permitted by the Privacy Policy.

6.2. You must ensure that Personal Data you submit to the Platform is accurate, up-to-date and complete. If any of your Personal Data is inaccurate, out of date or incomplete, we may be unable to provide the Platform to you and/or you may be unable to access or use all the functions of the Platform.

6.3. If you use a pseudonym, remain anonymous and/or do not provide identifiable information to us, we may be unable to provide the Platform to you and/or you may be unable to access or use all the functions of the Platform.

7. AMENDMENTS & UPDATES

We may change these Terms of Use at any time in our sole discretion and you will be notified of changes via an email sent to the email associated with your account. Your continued use of the Platform constitutes your acceptance of the changed Terms of Use. If you do not wish to accept the changed Terms of Use you must immediately cease using the Platform.

8. TERMINATION

8.1. We may terminate the Platform at our sole discretion for any reason whatsoever, including but not limited to if we decide to withdraw the Platform from your territory or jurisdiction.

8.2. On termination of the Platform or your account for any reason:

(a) All rights granted to you under these Terms of Use shall automatically cease; and

(b) You must immediately cease all activities authorised by these Terms of Use, except as otherwise provided in Clause 3.3.

8.3. Any clause which expressly or by implication is intended to survive termination, including but not limited to Clauses 3, 4, 5, 6, 8, 9, 10, 11 and 12, shall survive any termination and shall continue in full force and effect notwithstanding the termination of your account, the Platform and/or these Terms of Use.

9. LIMITATION OF LIABILITY

9.1. You acknowledge and accept that:

(a) The Platform has not been developed to meet your individual requirements, including any requirements you may be subject to under any applicable law or otherwise, and that it is therefore your responsibility to ensure that such requirements are met;

(b) You are solely responsible for ensuring that the web browser software, operating system and any devices used to access the Platform are kept up-to-date, including but not limited to ensuring that you download and install all updates such as security and functionality updates, and we will not be liable for any direct or indirect loss or damage you may suffer in connection with your failure to keep the foregoing up-to-date;

(c) The Platform may undergo maintenance or be updated from time to time. During the maintenance period or when downloading and/or installing updates to the Mobile Application, you acknowledge and accept that you may be unable to access or use the Platform and we will not be liable for any direct or indirect loss in connection with the same;

(d) You are solely responsible for ensuring that your contact information on your account with the Platform is kept up-to-date, and we will not be liable for any direct or indirect loss or damage you may suffer in connection with your failure to keep your contact information up-to-date;

(e) We make no warranty as to the ability to access or use the Platform and the Platform is provided on an “as is” and “as available” basis. We have no obligation to solve issues that you may have regarding the Platform. We may upgrade, modify, suspend, discontinue or remove any part of or the whole Platform at any time and for any reason without notice. Access or use of the Platform may also be suspended due to circumstances outside of our control, including but not limited to acts of God, laws, acts of governmental authorities, war, riot, disruptions to the Internet or telecommunications and other causes of similar nature;

(f) We shall be entitled to transfer our rights and obligations deriving from these Terms of Use to a third party which would acquire the provision of the Platform from us or as part of a partial or total transfer of Stamford Tyres’ business;

(g) We may engage any person, company or firm as a sub-contractor to perform all or any of our obligations under these Terms of Use.

9.2. We will not under any circumstances whatever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:

(a) Your failure to access or use the Platform;

(b) Your failure or omission to keep access to your account secure;

(c) Your failure or omission to ensure that your web browser and any devices you use to access the Platform meet the technical requirements;

(d) Your failure or omission to keep your web browser and any devices you use to access the Platform up-to-date;

(e) Your failure or omission to comply with Clause 2;

(f) Termination of your account under Clause 3.3;

(g) Loss of profits, sales, business, or revenue;

(h) Any business interruption;

(i) Any loss of anticipated savings;

(j) Any loss or corruption of data or information;

(k) Any loss of business opportunity, goodwill or reputation;

(l) Any data breach; or

(m) Any special, indirect or consequential loss, damage, charges or expenses.

9.3. Notwithstanding Clause 9.2, our total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with our performance or contemplated performance of the Platform and these Terms of Use shall be limited to SGD 1,000.00.

9.4. Nothing in these Terms of Use shall limit or exclude our liability for:

(a) Death or personal injury resulting from negligence;

(b) Fraud or fraudulent misrepresentation; and

9.5. These Terms of Use sets out the full extent of our obligations and liabilities in respect of the Platform. Except as expressly stated in these Terms of Use, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Platform which might otherwise be implied into, or incorporated in, these Terms of Use whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

10. INDEMNITY

You agree that we shall have no liability whatsoever for any use of the Platform by you and/or any third party. You hereby agree to fully and completely indemnify us from any and all claims, damages, losses, liability, costs, and expenses (including without limitation legal fees, disbursements and expenses), arising in any manner from your use of the Platform.

11. THIRD PARTY SERVICE PROVIDERS

Some functions of the Platform are provided by our third party services providers (e.g. payment service gateway providers). Your access and use of such third party services shall be subject to the terms and conditions (e.g. terms of use, privacy policy) of the relevant third party service provider(s).

12. MISCELLANEOUS

Entire Agreement

12.1. These Terms of Use constitute the entire agreement between you and Stamford Tyres and supersedes and extinguishes any and all previous discussions, negotiations, correspondence, drafts, agreements, promises, assurances, warranties, representations and/or understandings between them, whether written or oral, relating to the subject matter of these Terms of Use.

Waiver

12.2. A waiver of any right or remedy under these Terms of Use is only effective if it is given in writing and signed by the party waiving such right or remedy. Any such waiver shall apply only to the circumstances for which it is given and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy under these Terms of Use or by law shall not be deemed to constitute a waiver of that or any other right or remedy.

Notices

12.3. Any notice given to a party under or in connection with these Terms of Use shall be in writing and in the English language.

12.4. Notices to Stamford Tyres shall be sent by email to customerservice@stamfordtyres.com. Any notice to Stamford Tyres that has not been sent to this email will not be deemed a notice to Stamford Tyres. Notices to Stamford Tyres shall be deemed received at the time of transmission, if sent during Business Hours; if sent outside Business Hours, notices shall be deemed received by Stamford Tyres when Business Hours next recommence.

12.5. Notices to you shall be sent to the email to the email address associated with your account, by post to last known address associated with your account, or through any print or electronic mass communication media (e.g. radio, newspaper, social media). Notices sent to you by email shall be deemed received at the time of transmission. Notices sent by post shall be deemed received by you on the day following the date of posting or on the recorded date of delivery (if using a tracked delivery service or registered post). Notices sent via print or electronic mass communication media shall be deemed received on the date of publication or broadcast.

12.6. These Clauses 12.3 to 12.5 do not apply to the service of any proceedings or other documents in any legal proceedings or any other method of dispute resolution.

Severance

12.7. If any term or part of a term of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term or part of a term shall be deemed deleted. Any modification to or deletion of a term or part of a term under this clause shall not affect the validity and enforceability of the rest of these Terms of Use.

Exclusion of Third Party Rights

12.8. Third parties cannot derive any rights from the Platform nor these Terms of Use, whether or not under the Contracts (Rights of Third Parties) Act or any other equivalent and/or similar law in any other jurisdiction.

Assignment, Novation, Etc.

12.9. You shall not assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or otherwise deal with any or all of your rights and obligations under these Terms of Use.

13. GOVERNING LAW & DISPUTE RESOLUTION

13.1. These Terms of Use, its subject matter and its formation (including any non-contractual disputes or claims) shall be governed by the laws of Singapore.

13.2. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.