Terms of use
Terms of Use
These Terms of Use govern the use of www.orbis.com.sg (the “Website”). By using this Website, you are entering into a legally binding agreement with AIC Singapore Pte. Ltd. (“ORBIS”), Business Registration Number 201327729K, and its subsidiaries, associates and officers. The Website is hosted in Singapore and operates as an e-commerce website selling products trading by the brand name “ORBIS” (the “Products”). For the purposes of this Terms of Use, “you” shall mean any user of the Website, whether you purchase the Products or not, while “Order” shall mean the Order submitted by you to the Website to purchase a Product from us.
General
Access to and use of this Website and the services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Use"). By accessing this Website, you are acknowledging that you have read, understand, and agree to be bound by these Terms of Use. We reserve the right, in our sole discretion, to update or revise these Terms of Use. The continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
You warrant and represent that you have attained
18 years of age, or, if you are younger than 18 years of age, that you possess
legal, parental or guardian consent, and are fully able and competent to enter
into and abide by the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use.
Privacy Policy
Our Privacy
Policy, which sets out how we will use your information, can be found here. By using this Website, you consent to
the processing described therein and warrant that all data provided by you is
accurate.
Prohibitions
You may not use
this Website for any purpose that is unlawful or prohibited by these Terms of
Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of ORBIS or others. Notwithstanding any other rights
or restrictions in these Terms of Use, you may not use this Website to transmit
via or through the Website any information, data, text, images, files, links,
or software except in connection with your authorised use of this Website or
otherwise in response to specific requests for information by us; Introduce to
the Website or any other computer or website viruses, worms, Trojan horses
and/or harmful codes; Obtain unauthorised access to any computer system;
Impersonate any other person, including but not limited to, a registered user
of this Website or an employee or administrator of ORBIS; Invade the privacy or
violate any personal or proprietary right (including intellectual property
rights) of any person or entity; Misrepresent the identity of a user or use a
false e-mail address; Tamper with or obtain access to this Website or any
component of this Website; Conduct fraudulent activities; Collect or harvest
information regarding other users of the Website for any reason whatsoever,
including, without limitation, for sending such users unsolicited commercial
e-mail.
Intellectual Property
All copyrights, trademarks, trade
dress, other intellectual property and materials, including page headers,
images, text, illustrations, formats, logos, designs, icons, photographs,
programs, music clips or downloads, video clips and other materials on our
Website (collectively, the “IP”) are owned, controlled or licensed by ORBIS,
one of its affiliates or by third parties who have licensed their materials to
ORBIS and are protected by Singapore and international trademark and copyright
laws. You may access, view, download, and print the IP and all other materials
displayed on our Website for your personal, non-commercial use only; provided,
however, that you (1) retain all copyright, trademark or other proprietary
designations contained on all IP; (2) do not modify or alter the IP in any way;
and (3) do not provide or make available the IP to any third party in a
commercial manner. No license, right, title, or interest in any materials or
software is transferred to you as a result of your use of our Website or your
accessing, viewing, downloading, or printing of the IP. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in any
way, in whole or in part, any of the IP, our Website or any related software.
All software used on our Website is the property of ORBIS or its suppliers and
protected by Singapore and international copyright laws. The IP and software on
our Website may be used only as a shopping resource. Any other use, including
the reproduction, modification, distribution, transmission, republication,
display, or performance, of the IP on our Website is strictly prohibited. The
compilation (meaning the collection, arrangement, and assembly) of all IP on
our Website is the exclusive property of ORBIS and is also protected by
Singapore and international copyright laws.
The trademark and service mark ORBIS, the orbis.com.sg
domain name and all other graphics, logos, page headers, button icons, scripts,
and service names included in or made available through any of our Website are
trademarks or trade dress or otherwise the exclusive property of ORBIS in
Singapore and other countries.
Account Registration
Each
registration is for a single user only, and on registration, you will input
your first name, last name, email address, date of birth, gender, mobile
number, address, and choose a password (collectively, your “ID”). Sharing of
registered accounts and/or ID on the Website, accessing the Website through a
single ID made available to multiple users on a network, and unauthorised use
of another’s ID is prohibited. In the event of inappropriate or unauthorised ID
use, we may cancel, restrict or suspend (for such period and on such terms, if
any, as we deem fit or necessary) your membership with, and/or access to, the
Website without any liability whatsoever. ORBIS reserves the right to close an
account if any user is seen to be using proxy IPs (Internet Protocol addresses)
in order to attempt to hide the use of multiple accounts, or disrupts any of
our services in any way.
When registering to create your account, you
represent and warrant that all registration information you submit is accurate,
truthful, complete and lawful. You further warrant that you will maintain the
accuracy of such information and update the information as and when necessary.
You are solely responsible for all activity that
occurs on your account, for all use of the Website by you or anyone else using
your ID, for preventing any unauthorised use of your ID and for maintaining the
confidentiality of your ID and keeping it secure. You agree not to use the
registered account and/or ID of another member at any time or to disclose your
password to any third party. Please notify us immediately if you believe there
has been any breach of security such as the disclosure, theft or unauthorised
use of your ID.
By creating an account on the Website, you agree
to receive certain communications in connection with use of the Website, such
as Order status updates. You will also receive our marketing emails such as our
newsletters, if you have indicated this option during the account registration.
For more information, please refer to our Privacy Policy here.
By submitting your information and agreeing to
our Terms of Use, you consent to ORBIS’s collection, use, and disclosure of
your personal data to parties such as ORBIS’ employees, service providers,
vendors, and systems for the purposes of processing your application and
registration of your membership and to ascertain if you are eligible for
discounts, privileges or benefits or other related purposes; to conduct market research
and analysis; for direct marketing through voice calls; text messages; email;
direct mail and facsimile messages; for payment and/or credit control purposes;
to notify you of any changes to our policies or services which may affect you;
to respond to queries and feedback; for identification and website access;
maintaining and updating your membership details; and informing you of new
developments, services, promotions of ORBIS and other third parties which we
are associated with.
Terms of Sale
By placing an Order
you are offering to purchase a product on and subject to the following terms
and conditions. All Orders are subject to availability and confirmation of the
Order price.
In order to contract with ORBIS you must be over
18 years of age and possess a valid credit or debit card issued by a bank
acceptable to us, or possess the valid bank account for payment via bank
transfer. ORBIS retains the right to refuse any request made by you. If your Order
is accepted, we will send you a confirmation email. When placing an Order, you
undertake that all details you provide to us are true and accurate, that you
are an authorised user of the bank account and/or the credit or debit card used
to place your Order and that there are sufficient funds to cover the cost of
the Product(s). All prices advertised are subject to changes.
a. Contract
A contract between us for the purchase of the
goods will not be formed until your payment has been approved by us and we have
debited your credit or debit card.
b. Pricing and Availability
Whilst we try and ensure that all details,
descriptions and prices which appear on this Website are accurate, errors may
occur. If we discover an error in the price of any Product which you have
ordered we will inform you of this as soon as possible and give you the option
of reconfirming your Order at the correct price or cancelling it. If we are
unable to contact you, we will treat the Order as cancelled. If you cancel and
you have already paid for the goods, you will receive a full refund. Where
applicable, prices are inclusive of GST. Delivery costs will be charged in
addition; such additional charges are clearly displayed where applicable and
included in the 'Total Cost'.
The Website may contain typographical errors or
other errors or inaccuracies and may not be complete or current. We therefore
reserve the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice. We reserve the
right to refuse to fill any Orders that you may place based on information on
the Product(s) that may contain errors or inaccuracies, including, without
limitation, errors, inaccuracies or out-of-date information regarding pricing,
shipping, payment terms, or return policies.
c. Confirmation of Order and Official Invoice
Upon confirmation of your Order, an order
confirmation email will be sent to you, which will include the purchase price
of the Product(s) inclusive of GST and the tracking number. The official tax
invoice will be included in the parcel containing the purchased Product(s).
d. Loyalty Program
If you are a member of ORBIS’s loyalty program,
you will be able to earn and redeem points through the same access system and
mechanism as if you are purchasing the Product(s) offline.
Cancellation, Return and Refund
We strive to ensure your complete satisfaction when shopping
with ORBIS.
We accept cancellations only on Orders
that have not yet been dispatched from our warehouse. Once your Order has left
the warehouse, we are unable to cancel it. However, you may request to return
the Product(s) if you deem them to be unsatisfactory upon receiving them.
You may request for return of purchased Product(s)
at any time within 14 days from the date
of receipt of the Product(s). Orders made online are not applicable for return and refund at physical stores and counters. With respect to return-related matters, should
any conflict arise between relevant laws and regulations and these terms and
conditions, the relevant laws and regulations shall prevail over the terms and
conditions suggested by ORBIS.
To perform a return, please follow the steps
below:
1. Please download the Return Form from our
website here.
2. Kindly complete the Return Form and email it to the customer service department of our e-fulfilment partner cs_sg@jtexpress.sg
3. If the returned Product(s) meet the return requirements,
you will receive a confirmation email from our e-fulfilment partner who will
make arrangements on the preferred date and time to collect the Product(s) from
you.
4. Upon receiving the return
Product(s), ORBIS will proceed to process the refund back to you via the
original payment method. Once the refund has been
successfully made, you will receive a refund confirmation email.
The estimated time processing time for a refund is 2 weeks. All points earned on the returned Product(s) will be reverted accordingly. In the case whereby part of the payment was made using point redemption, the points will be refunded to your point balance first. Any remaining amount will be refunded to the bank account that payment was made with.
Please be advised that the return Product(s) must meet the
following conditions before the return is accepted and the refund is processed:
- Product(s) must
be returned to us within 14 days from
the date receiving your Order.
- Items purchased as part of a promotional set or a multi-item
pack must be returned as a whole set.
- Any Gift(s) with Purchase must also be returned if it is
included in the purchase.
- Shipping costs are non-refundable.
If
you require further assistance, kindly contact the following:
|
Phone |
Email |
Cancellations and Returns |
(65) 6832 2642 from 9:00am-5:00pm, Mon - Fri
(excluding public holidays) |
|
Refunds |
(65) 6832 2642 from 9:00am-5:00pm, Mon - Fri
(excluding public holidays) |
User Conduct
You are responsible for all text, photographs, videos, images, and all other forms of data communication (collective referred to as the “Content”) that you transmit or submit to, through, or in connection with use of the Website. Such Content includes reviews, ratings, and information that you publicly display on your profile. You assume all risks associated with your Content, including any third party’s reliance on its accuracy and reliability. You represent that your Content will not infringe any third party’s intellectual property and that you own, or have the necessary permissions to use and authorise the use of your Content. You should refrain from causing your Content to contain material that is defamatory, false, misleading, infringing, harassing, libelous, abusive, threatening, obscene, or otherwise unlawful as you may expose yourself to liability.
In addition, as a condition of submitting any
Content or other materials to the Website, you agree that:
- you grant to ORBIS a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to ORBIS all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Website;
- you grant to ORBIS all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
- ORBIS will screen and review all Content posted onto the Website;
- you have not received any form of compensation to post Content;
- you will not submit Content that comment on other users or the reviews of other users;
- the Content that you provide do not reflect
the views of ORBIS, its officers, managers, owners, employees, agents,
designees or other users.
Limitation of Liability
In no event
shall ORBIS, its parent, subsidiaries or affiliates or their respective
officers, directors, employees, agents, successors, subsidiaries, divisions,
distributors, suppliers, affiliates or third parties providing information on
this site be liable to any user of the site or any other person or entity for
any direct, indirect, special, incidental, punitive, consequential or exemplary
damages (including, but not limited to, damages for loss of profits, loss of
data or loss of use) arising out of the use or inability to use the site or any
information contained thereon or stored or maintained by ORBIS, whether based
upon warranty, contract, tort, or otherwise, even if ORBIS has been advised of
or should have known of the possibility of such damages or losses. Without
limiting the foregoing, in no event shall ORBIS, its parent, subsidiaries or
affiliates or their respective officers, directors, employees, agents,
successors, subsidiaries, divisions, distributors, suppliers, affiliates or
third parties providing information on this site have any liability for any
damages or losses arising out of or otherwise incurred in connection with the
loss of any data or information contained in your account or otherwise stored
by or on behalf of ORBIS.
You hereby acknowledge that the preceding
paragraph shall apply to all content, Products and services available through
the Website. Because some countries do not allow limitations on implied
warranties or the exclusion or limitation of certain damages, in such countries
some or all of the above disclaimers or exclusions may not apply and liability
will be limited to the fullest extent permitted by applicable law.
All Products purchased through the Website are
subject only to any applicable warranties of their respective manufacturers,
distributors or suppliers, if any. To the fullest extent permissible by
applicable law, ORBIS disclaims all warranties of any kind, including the
implied warranties of merchantability and fitness for a particular purpose with
respect to the products and services listed or purchased on the Website.
Without limiting the generality of the foregoing, ORBIS expressly disclaim all
liability for product defect or failure, not following the printed instructions
on the Products, product misuse or modification and/or abuse. You are
encouraged to read all labels and descriptions carefully as ORBIS shall not be
liable for any allergic reactions or intolerance to the Products.
Indemnity
You agree to
indemnify, defend and hold harmless ORBIS, its directors, officers, employees,
consultants, agents, and affiliates, from any and all third party claims,
liability, damages and/or costs (including, but not limited to, legal fees)
arising from your use this Website or your breach of the Terms of Use.
Links to Third-Party Websites
This Website may contain links to other websites
on the Internet. You acknowledge that we have no control over such web sites
and that we are not responsible for the accuracy, content, legality or any
other aspect of any linked website. In no event shall any reference to any
third party, third party website or third party product or service be construed
as an approval or endorsement by us of that third party, third party website or
of any product or service provided by a third party.
No Agency
No agency,
partnership, joint venture, employer-employee or franchisor-franchisee
relationship is intended or created by this Terms of Use. No agency,
partnership, joint venture, employer-employee or franchisor-franchisee
relationship is intended, exists or is created between ORBIS and any user or
merchant.
Notices
Except as explicitly stated
otherwise, any legal notices shall be served on AIC Singapore Pte. Ltd. via registered mail, to 1 Raffles Quay, #25-00, Singapore 048583 (in the case of ORBIS) or to the email address you provide to us during the
registration process (in your case). Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email
address is invalid.
Governing Law
By visiting this Website, you agree that the
laws of Singapore, without regard to principles of conflict of laws, will
govern this Terms of Use and any dispute of any sort that might arise between
you and ORBIS. The courts of Singapore will have non-exclusive
jurisdiction over any legal action or the proceedings against ORBIS arising out
of, with respect to, or in connection with any disputes over this Terms of Use and
disputes between users of this Website.
Variation
ORBIS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. All amendments to these Terms of Use will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms of Use. When you submit an Order to the Site, you agree that you do so subject to these Terms of Use current at the date you submit your Order. You are responsible for reviewing the latest Terms of Use each time you submit your Order.
Last updated: April 2019