By accessing this Site and/or using the Services, you hereby agree:
(ii) that you are the user of the Site and/or Services and are 18 years or above; and
1 Site and Services
The Site is owned and maintained by SOOKEE.
- SOOKEE may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
- an online jewellery store (“Online Store”);
- access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
- search engines or tools;
- blogs, message boards, communication tools or other social or interactive features, including the ability to post and share content with others;
- email or message alerts; and
- any other features, content or applications that SOOKEE may offer through the Site from time to time in our sole and absolute discretion.
- SOOKEE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
2.2 You agree not to reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
2.2.1 any Service;
2.2.2 the Site;
2.3 Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of SOOKEE.
2.4 The Site and all Content are the copyrighted work of SOOKEE or our content or software providers, and SOOKEE reserves and retains all rights in the Site and Content.
2.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Site or any Content, except under the specific circumstances expressly permitted by law or SOOKEE in writing.
3 Account Information
3.1 To access certain parts of the Site or Services, including to place orders through our Online Store, you will be required to sign-up for an account with SOOKEE (“Account”) and select a user name ("User Name") and password ("Password").
3.2 You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
3.2.1 share or permit others to use your Account or Password; or
3.2.2 assign or transfer your Account to any other person or entity.
3.4 Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.
4 Intellectual Property
4.1 The copyright, trade marks, registered designs, patents and all intellectual property rights in the Services, the Site and all Content (including all products listed on the Online Store) shall vest in and remain with SOOKEE and its licensors.
4.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of SOOKEE and other third parties, and all rights to the Marks are expressly reserved by SOOKEE and relevant third parties. You are not permitted to use the name of SOOKEE or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of SOOKEE or such third party.
4.3 The domain name on which the Site is hosted on is the sole property of SOOKEE and you may not use or otherwise adopt a similar name for your own use.
5 Comments, Feedback and Other User Generated Content
5.2 You hereby grant SOOKEE a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any User Content that you provide or publish through or in relation to the Site, for any purpose as SOOKEE may require at its sole discretion. You further agree that SOOKEE may use and publish your name in connection with such User Content.
6 Online Conduct
6.1 You hereby undertake:
6.1.2 not to use the Site or any Service or Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
6.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
6.2 The Site and Services may provide social or interactive features. For example, the Site or Service may include a feature that enables you to upload and share content with other users of the Site or Service, or that enables you to share content from the Site or Service with a third party, including through email or through a third party website, application or feature. You are solely responsible for your use of such features and your interactions with others, which arise out of the use of such features. You agree that SOOKEE shall not be responsible or liable for the conduct of any user. SOOKEE reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
7.1 Prior to submitting an order for any products and/or services listed on the Online Store (“Order”), you must sign in to your Account. To place an Order, please indicate the product(s) that you wish to order and the quantity required and provide all necessary information as may be required by SOOKEE at the Online Store.
7.3 By submitting an Order, you warrant and represent that you are ordering product(s) for your own non-commercial use or purpose, and not for re-sale or export purposes.
7.4 Please ensure that all information that you provide in your Order is accurate and complete. We will not be liable for any mistakes or errors caused by you, including any delivery by us to an address incorrectly keyed in by you.
8 Price & Payment
8.1 Unless otherwise specified on our Site, prices displayed on the Site are exclusive of applicable GST,VAT or any other applicable taxes, customs duties, charges and/or fees.
8.2 At the time of check out, we will calculate the costs of insurance, taxes, delivery charges and/or other duties or fees that may be applicable to your Order. Unless otherwise indicated on the Site, any applicable insurance, taxes, charges, duties and/or fees shall be borne by you.
8.3 During the checkout process, you will be asked to enter your payment method and details. Payment for Orders may be made by way of (i) eNets, Visa, MasterCard and any other credit or debit card issued by a credit or debit card company acceptable to SOOKEE or (ii) Paypal. SOOKEE reserves the right to change the payment options at any time for any reason.
8.4 All payments are subject to processing by third party payment processors, and the approval of the relevant credit/debit card company and the relevant paying bank. SOOKEE shall not be liable in any way if the payment processor, credit/debit card company or the paying bank refuses to process or accept any card or card particulars for any reason. SOOKEE reserves the right to obtain validation of your payment details before providing you with the products and/or services.
8.6 SOOKEE reserves the right to exercise its lawful remedies if a dispute or issue arises over card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the credit/debit card company or the paying bank rejects or reverses payment for an Order, SOOKEE may in its discretion:
8.6.1 reject such Order, or suspend or cancel such Order;
8.6.2 repossess the products if delivered; or
8.6.3 bring a claim against you for the full price of the Order as a debt.
8.7 SOOKEE shall be entitled to set-off and deduct from any refund due to you, all sums owed by you to SOOKEE under any and all Orders and other agreements.
9 Pricing & Product Information.
9.1 While SOOKEE aims to provide you with accurate and up-to-date product information, it is always possible that despite SOOKEE’s efforts, at times, errors may sometime occur and some of the products or services on the site may be incorrectly priced or described. SOOKEE does not guarantee that the pricing or product information provided will be error-free, updated or complete. SOOKEEreserves the right to correct any error in pricing or product information which may occurand shall not be liable for any error in the pricing and product information listed on our Site or through our Services. The price to be paid by you for all products and/or services shall be based on SOOKEE's current selling price on the date of receipt by SOOKEE of the Order, which may or may not be correctly reflected on the Site.
9.2 If SOOKEE discovers an error in the price or specification of any item you have ordered, SOOKEE will inform you of this error. Where:
9.2.1 the actual price of any item ordered is higher than that reflected on the Site; or
9.2.2 the specification is different from that on the Site,
we will notify you and where practicable, will give you an opportunity to confirm or your purchase of such item based on the actual price or specifications. By confirming your purchase, you authorise us to charge any applicable additional costs to you. However, if you choose to reject the purchase, we will cancel the Order for such item and reverse or refund payment for such item in accordance with our prevailing refund policy at such time
9.3 Images of our products appearing on the Site are sample images of the style and design of such products and represent the visual appearance of such products at the time of photography. Each SOOKEE product is carefully crafted by our team of jewellers and craftsmen and therefore may have its own individual characteristics. The product(s) supplied by SOOKEE to you therefore may not be identical to the image(s) on the Site. Please keep in mind that the product(s) we display on our online catalogue may appear larger or smaller than the actual size of such product(s); likewise, the actual product colours may appear slightly differently than actual product colours depending on your computer and monitor. Note that three dimensional (3D) images and sketches contain a level of inherent distortion.
9.4 SOOKEE reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all products or services from the Online Store, or to change its prices or specifications of any product or service.
10.2 Promotions and contests are only valid for the time period specified by SOOKEE.
10.3 The following terms shall apply to the use of credits, vouchers, coupons and codes (“Promo Codes”):
10.3.1 Each Promo Code is only eligible for a single use and redemption.
10.3.2 The Promo Code may only be redeemed by purchasing products from SOOKEE during the applicable validity period.
10.3.3 Use of any Promo Code must be indicated at the time of checkout, and all information required by SOOKEE must be provided. No retroactive use of the Promo Code is permitted.
10.3.4 Promo Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, unless otherwise stated.
10.3.5 No refund, conversion or exchange to cash or credits is permitted.
10.3.6 Resale, transfer or sharing of Promo Codes is strictly prohibited.
10.3.7 Promo Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
10.3.8 SOOKEE reserves the right to impose such other terms and conditions as we deem appropriate from time to time.
10.4 SOOKEE's decision on all matters relating to promotions, discounts, Promo Codes and other privileges is final and binding. SOOKEE reserves the right to discontinue any promotion, discount, Promo Code programme, contest, privileges or programme at any time without notice or liability.
11 Self-collection & Delivery
11.1 At the time of check-out, please indicate if you wish to opt for:
11.1.1 self-collection at one of SOOKEE’s stores in Singapore; or
11.1.2 delivery to a location within mainland Singapore, excluding restricted areas such as military camps and Jurong Island. Please note that SOOKEE does not accept or allow deliveries to P.O. boxes, or to any other excluded location specified on our shipping policy (hyperlink).
11.2 All Orders shall only be delivered to Singapore, unless otherwise stated at the Online Store or agreed in writing by SOOKEE.
11.3 Any delivery or collection dates or timings provided by SOOKEE are estimates only. SOOKEE shall not be liable for any loss, damage, cost or expense for any failure to meet any given delivery or collection date or timing, howsoever caused.
11.4 Please arrange for a person who is 18 years of age or older to receive the delivery and to sign off the delivery invoice. SOOKEE and/or its agents reserve the right to require appropriate identification to be presented, before it leaves the delivery with the person at your delivery address. If no person of 18 years of age or older is present during such delivery, SOOKEE reserves the right to deliver the Order at another time and to charge you an additional re-delivery fee of S$50.
11.5 If no one is at the delivery location to receive the Order, SOOKEE reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$30.
11.6.1 the claim does not meet any of the conditions, or falls within any of the exclusions, under the prevailing SOOKEE returns policy; or
11.6.2 any damage or defect in the product as a result of:
(i) improper use or handling;
(ii) use of the product in a manner not reasonably contemplated by SOOKEE;
(iii) any modification of the products not authorised by SOOKEE; or
(iv) subjecting of the product to unusual or unrecommended physical, environmental or electrical stress.
11.7 Risk of loss and damage in the product(s) shall pass to you upon delivery of the products to the delivery location. Title in the product(s) shall pass to you, upon SOOKEE’s receipt of full payment for the products.
12 Disclaimers & Limitations
12.1 While we make every effort to ensure that the Site, Services and all Content is accurate and complete, we provide the Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SOOKEE disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, SOOKEE does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the Site or any Content in or with any device will not affect the functionality or performance of the device. SOOKEE does not warrant or make any representations regarding the products sold on the Online Store, or regarding the use or results of the use of the Content, the Services or the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.
12.2 You agree that:
12.2.1 SOOKEE shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
12.2.2 access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, SOOKEE shall not be liable for any loss, liability or damage which may be incurred as a result.
12.3 In no event shall SOOKEE be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, Content or any other website or device. In the event that SOOKEE is liable for damages despite the foregoing provision, you agree that SOOKEE’s aggregate liability to you for any and all causes of action in relation to:
12.3.2 in all other cases (including any use of the Site or Services), shall not exceed S$1.
12.4 In no event shall SOOKEE be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if SOOKEE or a SOOKEE authorised representative has been advised of, or should have foreseen, the possibility of such damages.
12.5 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by SOOKEE at either reasonable costs or no costs to you.
13 Linked Sites
13.1 SOOKEE may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. SOOKEE has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. SOOKEE does not endorse, recommend or guarantee any of the Linked Sites, and SOOKEE expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
14 Third Party Materials and Offerings
14.1 For your convenience and your interest, third party material, vouchers, coupons, or promotions (“Third Party Offerings”) may be provided from time to time by SOOKEE to you. SOOKEE is not responsible or liable for the content, functions, features, completeness, accuracy, legality, appropriateness or any other aspect of such Third Party Offerings and makes no guarantee, warranty or representation about such Third Party Offerings, including the standard or quality of any product(s) or service(s) sold through such Third Party Offerings. SOOKEE has no control over such Third Party Offerings and any Third Party Offerings provided should not be regarded as an endorsement or recommendation by SOOKEE. SOOKEE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any Third Party Offerings, and all such liability arising out of or in connection thereto is excluded to the maximum extent permitted by law.
16 Suspension and Termination
16.1 You agree that SOOKEE has the right in its sole and absolute discretion and without notice or liability to:
16.1.1 restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or
16.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
without assigning any reason.
17 Notification of Infringement
17.1 SOOKEE reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify SOOKEE in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
17.2 All Infringement Notices shall be sent to SOOKEE addressed as follows:
7 Changi Business Park Vista
17.3 SOOKEE will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SOOKEE in respect of any Infringing Material, unless you have first given SOOKEE the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SOOKEE refuses or fails to remove the Infringing Material within a reasonable time. Where SOOKEE removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SOOKEE under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by SOOKEE.
17.4 You acknowledge and agree that SOOKEE has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
18 Jurisdictional Issues
18.1 The Site and Services are meant for use by residents of Singapore only. SOOKEE makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19.1 You agree to indemnify and hold SOOKEE, and its officers, agents, affiliates, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
19.1.1 any use of the Site or any Service;
19.1.2 your connection to the Site;
19.1.4 your violation of any rights of another person or entity; or
19.1.5 your breach of any statutory requirement, duty or law.
21 Relationship of Parties
22.1 No waiver of any rights or remedies by SOOKEE shall be effective unless made in writing and signed by an authorised representative of SOOKEE.
23 Force Majeure
24 Governing Law & Jurisdiction
24.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.