The following terms and conditions apply to all sales and services provided by GadgetsPlayz. Any topics not discussed here are left to the discretion of GadgetsPlayz. By placing an order with GadgetsPlayz you are accepting these terms and conditions. The “Buyer”, “You”, “Your” refer to you, the person accessing this website and accepting GadgetsPlayz terms and conditions. “GadgetsPlayz”, “Seller”, “Us”, “We” refer to our company. ”Party”, “Parties”, or “Us”, refers to both the Buyer and ourselves, or either the Buyer or ourselves Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.1 The “Buyer” means any person who accepts a quotation for goods or services by the Seller or whose order for goods or services is accepted by the Seller.
1.2 “Product” means any goods which the Seller is to supply to the Buyer.
1.3 “Services” means any services which the Seller is to provide to the Buyer.
1.4 “Conditions” means the terms and conditions set out herein and any special or additional conditions agreed in writing by the Seller.
In these Terms and Conditions the following expressions shall have the following meanings:
2.1 "Product/Products" shall mean any and all the products for sale by GadgetsPlayz.
2.2 The Buyer will be liable for every order made under his Login and agrees to indemnify GadgetsPlayz for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Buyer's Login. The Customer shall be responsible for updating his registration information.
2.3 The Buyer may place his order via our website at: http://gagdetsplayz.myxiaobazaar.com/ and are subjected to our acceptance. The Buyer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of orders (electronic, fax or other form) does not constitute our acceptance of your order, or confirm our offer to sell and does not guarantee stock availability.
2.4 GadgetsPlayz shall make every effort to fulfill orders placed by Buyer through the GadgetsPlayz website, but seller shall not be liable to any person if GadgetsPlayz shall decline to fulfill an order for whatever reason, or if seller is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable. In such event, we shall refund to the Buyer the price of the products purchased.
3. Site Errors
3.1 Errors will be corrected where discovered, and GadgetsPlayz reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your sales order is cancelled, seller will issue a refund at their sole discretion.
4. Product Display/Colors
4.1 GadgetsPlayz attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
5. Safety Advice
5.1 For your own safety we recommend that you read carefully all safety information printed either on the packaging, or in any leaflets that may be included with the product. For electrical products, always check the power cable and plug for any signs of damage. Always consult a qualified electrician and never attempt to repair any product yourself.
6.1 GadgetsPlayz shall make every effort to ensure that the prices, details and sizes of Products are correct but GadgetsPlayz reserves the right to vary the price and other details of the Products without notice.
6.2 Discrepancies between the on-line bill/order price and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. GadgetsPlayz reserves the right to adjust the final bill after the on-line bill/order price is presented or conveyed to the Buyer and such adjustments shall be marked on the final bill presented to you at the time of delivery.
6.3 In the event of different special offers or promotions being made available to the Buyer simultaneously for the same Product, you may elect one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.
6.4 If the Buyer requests a variation to the order which GadgetsPlayz accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to you at the time of delivery.
6.5 Unless otherwise agreed, GadgetsPlayz's prices may be subject to variation to take account of variations in wages, materials or other costs since the date of the Seller's quotation (or if no quotation is issued) the Buyer's order. The Seller accordingly reserves the right to adjust the invoice price payable by the amount of any increase or decrease in such costs after the price is quoted and the invoice so adjusted shall be payable as if it were the original Contract price.
6.6 The Buyer agrees that section 32(3) of the Sale of Goods Act (Cap. 393) shall not apply to Products sent by the Company.
6.7 GadgetsPlayz shall be entitled to invoice the Buyer by post or email for the price of the Goods in the Singapore Dollar or such other currency as agree by Seller in writing.
6.8 GadgetsPlayz has the right to invoice the Buyer for the costs of any packaging, transportation of the Products or any additional costs resulting from any other alteration made by the Buyer on or at the time of delivery or upon notification by the Seller that the products are awaiting collection. Any such additional costs may be invoiced by the Seller in the Singapore Dollar or such other currency as agree by Seller in writing.
7.1 Buyers must make payment in full of any invoice before dispatch of goods.
7.2 Payment may be made by cash, PayPal or bank transfer.
7.3 We do not accept company or personal cheques.
7.4 If any invoice shall become overdue for payment interest shall be payable at 2% per month from the date the payment became due under the invoice until the date of payment. Such interest shall accrue both before and after any Judgment.
7.5 Seller is not responsible for the errors, acts and omissions of the credit card companies.
8. Additional Costs
8.1 The Buyer agrees to pay for any loss or extra costs above the quoted price for the Goods which are directly or indirectly incurred by the Company through the Buyer's instructions or lack of instruction or through failure or delay in taking delivery or through any act or default on the part of the Buyer, its servants or agents.
8.2 Please ensure that you or a family member is present during our delivery of your purchases to your stated address as per your requested delivery time frame. If no such person is present, Seller shall attempt to make the delivery at another time but reserves the right to charge the Buyer an extra re-delivery fee of S$10.00.
9.1 All Products purchased from us will only be delivered to valid addresses within Singapore. We aim to deliver to you within 5 working days by registered mail or courier option. Products that are dispatched by our nominated carrier will usually require a valid signature as proof of delivery (POD). You will be given an order number to track your parcel upon dispatch. Alternatively, you can contact us for your parcel details. In events when your presence/behalf is absent when the parcel was being delivered, the courier will leave a collection slip at your door step. If you have not received your product within 14 working days, please do not hesitate to contact us at: firstname.lastname@example.org. Free shipping for checking out value above SGD $350/-.
9.2 Delivery will be arranged within 2 to 3 working days or on separate advices due to unforeseen circumstances such as out of stock situation, tight delivery schedules and large order quantity, etc. GadgetsPlayz shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of the Seller. All products purchased from us will only be delivered to addresses within Singapore.
9.3 No delivery services shall be available on Sundays & Public Holidays and Delivery slots are subjected to availability.
9.4 Bulk orders (as determined by GadgetsPlayz in its sole discretion) shall be delivered 5 days after such orders. Seller shall not be liable to any person if GadgetsPlayz shall decline to fulfill a BULK order for whatever reason.
9.5 The Buyer is to notify Seller immediately of a change to his delivery address and contact number.
9.6 Save where the Buyer has specifically instructed Seller to leave his delivery outside the door provided payment has already been effected earlier (when such delivery shall be at Buyer's risk).
10. Variation/ Cancellation of Order
10.1 We will not entertain any cancellations once the order is confirmed and submitted by the Buyer.
10.2 Subject to the Buyer's consent, Seller may substitute a Product for another similar Product if the initial Product ordered by the Buyer is unavailable.
10.3 If there is no prior consent from the customer for a substitution, no substitution shall be made.
10.4 "Out of Stock" situation may occur despite our effort in keeping sufficient stocks. You shall be notified at the ordering page as updated in our web store. We seek your kind understanding for cases when we are unable to meet your requirements.
11. Ownership and Risk
11.1 Upon delivery of the products to the Buyer or upon the products being retained at the Seller’s premises at the Buyer’s request, the risk in the products shall immediately pass to the Buyer.
11.2 Title to the products shall remain vested in the Seller until the invoice for the goods has been paid in full.
11.3 The Buyer shall hold the products as the Seller’s fiduciary agent and bailee until such time as title to the products passes to the Buyer and shall keep the products properly stored and protected and insured and identified as the Seller’s property.
11.4 Whilst the purchase price for any products delivered to the Buyer shall remain overdue for payment either wholly or in part then without prejudice to any of its other rights the Seller may recover and/or resell the products or any of them and may enter on the Buyer’s premises by its servants or agents to recover the products and shall be entitled to recover from the Buyer any costs incurred in connection with such recovery.
11.5 Until payment for any products has been made in full the Buyer shall not pledge, charge by way of security or in any other way encumbers the goods which remain the property of the seller.
12. Exchange/ Return Policy
12.1 At GadgetsPlayz unless otherwise stated, all products comes with 30 days quality warranty from the date of invoice that allow one to one exchange and in the event of stock unavailability for exchange, a replacement of a similar product of different design or full refund, provided that the fault is due to manufacture defect with all requisite documentation as proof of purchase (Normal wear and tear, accidental damage or in the case of user abuse are excluded).
12.2 The Seller reserves the right to request for photos of the defective or incorrect item sent to you.
12.3 Exchange item must be returned in be in merchandisable condition and original packing materials, manuals, accessories and gifts if at all possible. All returns are subject to Seller inspection, testing and acceptance. Non-stocking, non-standard items and discontinued items are not eligible for return. We reserved the rights to decline exchange at our discretion should the above conditions are not met.
13.1 Each party warrants that it has the right and full power and authority to enter into this Agreement. To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
13.2 Nothing herein or in any warranty given by GadgetsPlayz shall impose any liability upon GadgetsPlayz in respect of any defect in the Products arising out of the acts, omissions, negligence or default of the Buyer, its servants and agents including without limitation any failure by the Buyer to comply with any recommendations of GadgetsPlayz as to storage and handling or use or servicing of the Products, use of the Products with other products or other misuse of the Products or accident or fair wear and tear of the Products.
13.3 No agent or representative of GadgetsPlayz is authorized to make any warranties, representations or statements regarding the Products and GadgetsPlayz shall not in any way be bound by any such unauthorized warranties, representations or statements.
13.4 All Products are sold with the benefit of and subject to the conditions of the warranty supplied with them, which is available for inspection on request.
13.5 The Seller warrants that the goods will be free from defect in material and workmanship under normal use, provided the goods have been used in accordance with instructions and normal industry standards. The Seller also warrants that it will pass to Buyer good title to the Products. This is the ONLY warranty extended on the Products and Buyer expressly agrees that it is taking the Products “AS IS” and the Seller makes no other warranty, express or implied.
13.6 AS-IS SALE - Limited Replacement WarrantyExcept as stated in this paragraph, you agree that our agreement is that - (1) The products are being sold on an "AS- IS" and "with all faults" basis; (2) The entire risk as to the quality and performance of the products is with you; and (3) Should the products prove defective following their purchase, you assume the entire cost of all necessary servicing or repair. We warrant our products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to abuse, neglect or misuse. Our sole liability is limited to repairing or replacing products that are returned prepaid to us within this 30-day period, unless specific product literature specifies otherwise. See our Return and Exchange Policy below for more information.
13.7 WARRANTY DISCLAIMER
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF GADGETSPLAYZ. GADGETSPLAYZ NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE REPUBLIC OF SINGAPORE.
13.8 Any description does not express or implies a warranty that the products are merchantable or fit for a particular purpose.
13.9 The Seller shall not be responsible for any incompatibility of use issues or held liable to the Buyer by reason of any representation or any implied warranty, condition or other term or any duty of common law for any direct or indirect special or consequential loss or damage expenses or other claims for compensation whatsoever whether caused by negligence of the Seller, its employees or agents or otherwise which arise out of or in connection with the supply of goods or their use or resale by the Buyer of whatsoever nature.
13.10 The Seller makes no other warranties, expressed or implied in respect to the products, their quality, fitness or marketability for any specific use or purpose. Any products warranty applies only to the Buyer and not to any third party and no liability or consequential damages in respect of any use of the products; negligence, misuse or modification is accepted.
13.11 The Buyer specifically agrees that the Seller will not be liable for any special, incidental, consequential, indirect or other similar damages arising from breach of warranty, breach of contract, negligence, strict liability, or any other kind of civil liability connected with this agreement or the use of the Sellers products. The Seller makes no warranties of merchantability or fitness for any particular purpose of the products.
13.12 The Seller shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused.
13.13 The commencement date of all warranties is the date of invoice to the Buyer from the Seller.
13.14 The Seller’s warranty shall not come into force unless the invoice for the products was paid by the due date.
13.15 Any liability for consequential and incidental damages is expressly disclaimed.
13.16 The Sellers liability in all events is limited to, and shall not exceed the purchase price paid for the products or service sold that gives rise to such liability. The Sellers payment of such amount shall be the final and exclusive remedy in the exhaustion or unavailability of any other remedy specified herein and shall not be construed or alleged by the Buyer to have failed of its essential purpose.
14. Product Warranty
14.1 GadgetsPlayz agrees to provide the local warranty described herein (Product Warranty) unless otherwise stated, with 30 days 1-1 exchange for defective sets and a 12 months warranty against manufacturer defects but does not cover wear and tear, accidental damage or in the case of user abuse with all aspects of warranty carried out solely by GadgetsPlayz. Seller’s sole liability shall be provided to the original Buyer, the necessary labor and parts, as described below, against manufacturer defects and to defective units only.
14.2 In the event that part(s) or unit replacement is not available, GadgetsPlayz will, at its discretion, replace the original product with one of a similar type, of equal value. The warranty will be voided if the manufacturer’s instructions have not been followed or if the product has been subject to misuse, user abuse or any form of modiﬁcations.
14.3 The warranty is non-transferable and is only valid in Singapore. Veriﬁcation of this warranty is undertaken by checking the original purchase records (purchase receipt/invoice) of the buyer, before any remedial work is undertaken. Failure of veriﬁcation will result in the rejection of the warranty service. In this instance, the product, at GadgetsPlayz’s sole discretion, will be returned to the said buyer. This warranty does not affect your statutory rights.
14.4 For manufacturer defect, please follow the procedures below:
14.4.1 Please kindly send an e- mail to: email@example.com and provide us with a few images/video clips on the defected product/parts so that we can advise accordingly.
14.4.2 Scope of warranty: Products shall be maintained strictly in accordance with our 1 year local and 30 days quality warranty after-sales commitment. See below for specific warranty coverage.
14.4.3 The product purchased is still within the respective warranty period from the date of purchase, with a valid sales receipt or online order record as proof of purchase.
14.4.4 Damages not caused by improper use, overloading use, or failure to operate or maintain the product in accordance with the manual.
14.4.5 Damages due to quality-related factors, but not due to user abuse.
14.4.6 Damages not caused by irresistible factors (e.g. earthquakes, typhoons, flooding and other natural disasters).
14.5 *For products that do not fall within the warranty scope, replacement and shipping costs to the manufacturer shall be borne solely by the Buyer.
15.1 The liability of GadgetsPlayz whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of GadgetsPlayz's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
15.2 GadgetsPlayz shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall GadgetsPlayz be liable for any damage or loss caused by the Buyer's servants, agents, buyers or other persons whatsoever.
15.3 The Buyer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Buyer expressly acknowledges and agrees that GadgetsPlayz assumes no obligation or liability for any advice or information given with the Products and GadgetsPlayz shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted.
15.4 If you have notified us of a problem with the goods, we will either make good any shortage or non-delivery, replace any goods that are damaged or defective upon delivery. This does not affect your statutory rights as a consumer, nor is it intended to limit our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
16. Rights of Third Parties
16.1 Except as provided for in Clause 28, 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 by the Buyer entirely at the Buyer's risk.
17. FORCE MAJEURE
17.1 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.
17.2 For purposes of this Agreement, 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 labor 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.
17.3 GadgetsPlayz shall be entitled to delay or cancel delivery or to reduce the amount of the Goods delivered if it is prevented from, hindered or delayed in manufacturing, obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including, but not limited to, strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.
18.1 Personal information collected in the Member’s Registration and Checkout/Shopping Cart forms are meant for internal use only. All reasonable efforts are made by GadgetsPlayz to ensure that any personal data held by us will remain confidential and are stored in a secure and safe place. No unauthorized access will be made by GadgetsPlayz to Buyer's computer or browser.
18.2 We do not share, sell or trade this information with outside parties except to the extent necessary to complete the order or to provide services where the outside party is acting on our behalf and has no independent right to use the information we provide (i.e. a third party order fulfillment or shipping requirement)
19. Accuracy of Information
19.1 GadgetsPlayz attempts to ensure that information on the GadgetsPlayz web store provided by Seller is complete, accurate and current. Despite our efforts, the information on the GadgetsPlayz web store may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the GadgetsPlayz web store.
20. Copyright and Trademarks
20.1 Material on the GadgetsPlayz web store, including (but not limited to) images, illustrations, audio clips and video clips, may be protected by copyrights that are owned or controlled by the Seller or by other parties that have licensed their material to GadgetsPlayz. Such material from the GadgetsPlayz web store may not be copied reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
20.2 "GadgetsPlayz" and any GadgetsPlayz logos used on this site are trademarks and service marks of GadgetsPlayz. All other trademarks, service marks and logos used on the GadgetsPlayz web store are the trademarks, service marks or logos of their respective owners. You may not modify such proprietary information or materials located on the GadgetsPlayz web store in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
21.1 Creating or maintaining any link from another Web site to any page on the GadgetsPlayz web store without the prior permission of GadgetsPlayz is prohibited. Running or displaying the GadgetsPlayz web store or any material displayed on the GadgetsPlayz web store in frames or through similar means on another Web site is prohibited. Any permitted links to the GadgetsPlayz web store must comply will all applicable laws, rule and regulations.
21.2 If you do create a hyperlink to this website, you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink. Publishing or distributing hyperlinks to this website is done at your own risk.
22. Third Party Links
22.1 From time to time, the GadgetsPlayz web store may contain links to Web sites that are not owned, operated or controlled by GadgetsPlayz or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the GadgetsPlayz web store. Neither GadgetsPlayz nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither GadgetsPlayz nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from the GadgetsPlayz, you do so entirely at your own risk and are responsible for complying with any terms and conditions imposed by third party websites.
23. Inappropriate Material
23.1 You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that GadgetsPlayz may have at law or in equity, if GadgetsPlayz reasonably determines that you have violated or are likely to violate the foregoing prohibitions, GadgetsPlayz may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the GadgetsPlayz web store of the related materials. GadgetsPlayz will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing GadgetsPlayz to disclose the identity of anyone posting such materials.
24. Log Files
24.1 We use IP addresses to analyses trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
25. User Content
25.1 Some Buyers may have the ability to develop content and post information publicly via a blog/feedback or review and/or to invite other potential Buyers via Send To Friend feature. By providing any other information to GadgetsPlayz (such as through feedback or by blog or review), such Buyers grants to GadgetsPlayz a non-exclusive, worldwide, royalty-free, perpetual license to any information (including but not limited to text, graphics, video, and sound), notes, message or blog postings, ideas, suggestions, concepts or other material (all such content being referred to as "Buyer Content"). You hereby grant to GadgetsPlayz the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such Buyer Content. When you submit material to the GadgetsPlayz web store, you agree that GadgetsPlayz has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.
26. User Information
27. LIMITATIONS OF LIABILITY
27.1 GadgetsPlayz assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the GadgetsPlayz web store or your downloading of any materials, from the GadgetsPlayz web store. IN NO EVENT WILL GADGETSPLAYZ OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE GADGETSPLAYZ WEB STORE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE GADGETSPLAYZ WEB STORE, ANY WEB SITES LINKED TO THE GADGETSPLAYZ WEB STORE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE GADGETSPLAYZ WEB STORE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE GADGETSPLAYZ WEB STORE.
28.1 Buyer agrees to indemnify and hold GadgetsPlayz and its affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability, costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) User's breach of this Agreement; (ii) any information (including but not limited to User data and User's publicly posted information) submitted, posted, or otherwise provided by Buyer at the GadgetsPlayz web store; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Buyer actions; and (iv) Buyer's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Buyer's relationship with GadgetsPlayz or Buyer’s use of the GadgetsPlayz web store. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of GadgetsPlayz and/or its affiliates, partners, subsidiaries and employees.
29.1 If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be redefined, or a new enforceable term provided, such that the intent of the Seller and the Buyer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.
30. Governing Law & Jurisdiction
30.1 These Terms and Conditions will be governed by and construed in accordance with the laws of The Republic of Singapore, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the GadgetsPlayz web store shall be brought only in the courts of the Republic of Singapore. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
30.2 These web store 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 including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
30.3 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
31. Entire Agreement
31.1 These terms and conditions together with your sales order constitute the entire agreement between you and GadgetsPlayz in relation to your purchase of the Goods and supersede any and all statements or other agreements.
32.1 GadgetsPlayz may, in its sole discretion, terminate your account or your use of the GadgetsPlayz web store at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. GadgetsPlayz reserve the right to change, suspend or discontinue all or any aspects of the GadgetsPlayz web store at any time without prior notice.
33. Feedbacks, Comments, Suggestions
33.1 Visitors may post feedbacks, comments and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or any other matter. GadgetsPlayz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
33.2 If you do post content or submit material, and unless we indicate otherwise, you grant GadgetsPlayz a perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GadgetsPlayz for all claims resulting (whether directly or indirectly) from content you supply. GadgetsPlayz has the right but not the obligation to monitor and edit or remove any activity or content. GadgetsPlayz takes no responsibility and assumes no liability for any content posted by you or any third party.
34. Notification of Changes
34.1 GadgetsPlayz reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. These terms and conditions form part of the Agreement between the buyer and us. You are therefore advised to re-read this statement on a regular basis. It is your responsibility to ensure you check for changes in our terms & conditions.
35. Additional Assistance
35.1 If you do not understand any of the foregoing Terms and Conditions or if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, you can e-mail us at firstname.lastname@example.org in the following format. We endeavor to reply to your query within 1-3 working days.
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*This policy was last modified on 22th June 2014.