Terms and Conditions
This website (www.thebbirds.com) (the “Site”) is provided by theBowerbirds Pte. Ltd. (“theBowerbirds”). Any reference to “us”, “we” or “our” is to theBowerBirds.
By accessing any part of the Site, you hereby agree, without limitation or qualification, to be legally bound by these Terms and Conditions carefully (the "Website Conditions"). We may from time to time vary or amend these Website Conditions by posting the amended Website Conditions on the Site. Accessing any part of the Site after the amendment of the Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not accept these Website Conditions, please leave the Site immediately and refrain from further use.
1. General Conditions
1.1 In agreeing to these Website Conditions, you hereby represent and warrant that:
(a) you have read and agree to these Website Conditions;
(b) you have the necessary legal capacity, right, power and authority to agree to these Website Conditions; and
(c) all of the information provided by you to us (including without limitation, personal particulars and contact information) is accurate and complete.
1.2 You hereby undertake:
(a) to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by theBowerbirds from time to time (which are hereby incorporated by reference into these Website Conditions);
(b) not to use the Site, any services provided on or through the Site (the “Services”), any products made available for purchase by or on the Site (“Products”) or any content made available by or on the Site (“Content”), for any unlawful, illegitimate, or unauthorised purpose, and to comply with all applicable laws and regulations;
(c) not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site in any way.
1.3 The Content is the copyrighted work of theBowerbirds, and/or its content or software providers, and theBowerbirds reserves and retains all rights in the Content. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to any part of the Site and/or any Content, except with our prior written consent.
2.1 While we make every effort to ensure that all the Content displayed on the Site is accurate and complete, we provide the Content for informative purposes and 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, we disclaim 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, we do not warrant that the functions contained in or access to the Site, Services, the Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, the Content or the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services (“Servers”) are free of viruses or other harmful components, or that the download, installation or use of any the Content in or with any electronic device will not affect the functionality or performance of the electronic device. We do not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any electronic device.
2.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. We do not sponsor, endorse or promote any financial products, services or information.
2.3 You acknowledge and agree that we do not endorse or recommend, is not an agent, reseller or distributor of, and has no control over products and services of third parties advertised on or available at the Site or websites linked from the Site (“Third Party Products”), and we hereby expressly disclaim all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on any Linked Sites.
2.4 You agree that all statements, offers, information, opinions, materials, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and that we shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
2.5 You agree that:
(a) we shall be entitled at any time, at our 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, Services or Products without assigning any reason, including to vary the prices and availability of the Products; and
(b) access to or the operation of the Site, Servers 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, we shall not be liable for any loss, liability or damage which may be incurred as a result.
2.7 Under no circumstances, including, but not limited to, negligence, shall we be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Content, Services, Products, Third Party Products, Site, or any other website, even if we or an authorised representative has been advised of, or should have foreseen, the possibility of such damages.
2.8 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by us at either reasonable costs or no costs to you.
2.9 We may provide links to other sites that may be of relevance and interest to users ("Linked Sites"). We have no control over, and are not responsible for the content on 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 of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to any Linked Site.
You agree to indemnify and hold theBowerbirds, and its subsidiaries, affiliates, officers, agents, 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:
(a) any use of the Site or any Service;
(b) your connection to the Site;
(c) your breach of any terms and conditions of these Website Conditions;
(d) your violation of any rights of another person or entity; or
(e) your breach of any statutory requirement, duty or law.
4.1 All orders are subject to actual availability and confirmation of the order by us. While we make every effort to ensure that all the Content displayed on the Site is accurate and complete, we give no undertaking as to the availability of any Product as displayed on the Site. We reserve the right to refuse or cancel any order placed by you at our sole discretion. Where your debit or credit card has been charged, we will refund your debit or credit card for the amount debited.
4.2 Delivery times may vary, and any representations made as to delivery times are subject to delays resulting from acts outside of our control for which we shall not be responsible. All risk of loss or damage to the Products passes to you once we dispatch the Products.
4.3 When you place an order for a Product with us through the Site, you will receive an acknowledgment e-mail confirming receipt of your order. Such email does not constitute acceptance of your order. A contract between us for the purchase of a Product will only be formed when your payment has been approved. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
4.4 Due to foreign currency movements, prices of products displayed on the Site may fluctuate and are subject to such changes.
4.5 Exchanges and returns are considered on a case-by-case basis, and subject to our returns policy. You shall be required to provide proof of damage in order for any exchanges or returns to be considered. Replacements are subject to availability.
5.1 We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of the Content, and other material on the Site ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify us immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice"). All Infringement Notices should be sent to theBowerbirds at firstname.lastname@example.org.
5.2 We will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the Site. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by us.
5.3 You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
This Site is owned and operated by theBowerbirds in Singapore. We make no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access the 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.
The Website Conditions and any policies or guidelines posted by us on the Site constitute the entire agreement between you and us, and supersede any prior or contemporaneous agreements between you and us.
No waiver of any rights or remedies by us shall be effective unless made in writing and signed by an authorised representative of theBowerbirds. Our failure to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.10. Rights of Third Parties
Except as provided for in Clause 3 (Indemnity), a person or entity who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.11. Force Majeure
No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
For these purposes, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.12. Governing Law & Jurisdiction
These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
13.1 For the purpose of carrying on business, we may collect certain personal data from you, such as your name, correspondence address, billing address, contact details, and payment details.
13.2 The personal data we collect from you may be collected, used, disclosed and/or processed for various purposes, depending on the circumstances for which we may need to process your personal data, including to process an order, administration of your membership or enquiries, marketing purposes, and any other purpose which we notify you of at the time of obtaining your consent. We may also collect, use, disclose and/or process your personal data in accordance with applicable laws.
13.3 To facilitate our carrying on of business, we may also disclose the personal data you have provided to us to other third parties for any of the abovementioned purposes. Such third parties would process your personal data either on our behalf or otherwise, for one or more of the abovementioned purposes.
13.4 By providing your personal data to us, you undertake and warrant that you have the authority to provide that personal data to us, the personal data provided is true and accurate, you are aware of the purposes for which your personal information is collected, used and disclosed, as well as the parties to whom such personal information may be disclosed or transferred by us, and you have consented to the collection, use and disclosure of your personal information for such purposes.
13.5 You may request to access, correct, and/or delete any of your personal data that is currently in our possession or control by submitting a written request to our Data Privacy Officer at email@example.com.