Terms & Conditions of Use
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A. INTRODUCTION
- These Terms & Conditions govern your use of Services from Tembusu Law LLC (“Tembusu Law”) through its website at www.tembusulaw.com (“Website“) and other related and/or affiliated web and/or digital platforms.
- Access to and use of this Website and the products and services available through this Website (collectively, the “Services“) are subject to the Terms & Conditions (as set out herein), its Privacy Policy and all disclaimers and terms and conditions that appear elsewhere on this Website (collectively, the “Terms of Service“). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.
- Tembusu Law reserves the right to amend any terms and conditions without prior notice. Your continued use of this Website shall be considered as your acceptance to the revised Terms of Use.
- Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.
- In these Terms & Conditions, unless the context otherwise compels, the following definitions shall apply: –
- “Account” refers to the account that you will need to register and set up on this Website if you intend to access specific features and functions on this Website.
- “Business Day” refers to any day on which commercial banks in Singapore are generally open for business, excluding Saturdays.
- “Content” refers to all content on this Website (except for User Generated Content, as defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content.
- “Services” or “Products” means any product listed on this Website and for the purposes of these Terms and Conditions includes services.
- “User Generated Content” refers to communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other users post or otherwise make available on or through the Website, except to the extent the Content is owned by Tembusu Law.
- In these Terms & Conditions: –
- Clause headings are inserted for convenience of reference only and shall not affect the interpretation of this Agreement;
- References to Clauses and Appendixes are to be construed as references to the clauses of and appendixes to this Agreement;
- Words importing the plural shall, except where the context otherwise requires, include the singular and vice versa;
- ‘Includes’ and ‘including’ shall mean including without limitation;
- Reference to a statute or statutory instrument or any of its provisions is to be construed as a reference to that statute or statutory instrument or such provision as from time to time amended or re-enacted;
- References to the masculine gender shall include the feminine or neuter genders and vice versa; and
- References to persons shall be construed as references to an individual, firm, company, body corporate, statutory board, government body, incorporated body of persons, association or trust as the context may require.
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B. REGISTRATION AND ACCOUNTS
- In accessing and using any Services from this Website, you warrant that you are over 18 years of age.
- During the registration process, you may be required to create an Account or otherwise furnish us with your genuine name, address, postal code, email address, payment details and other personal information. Our privacy policy, which sets out how we will use your information, can be found at the Privacy Policy published on this website. By using this website, you consent to the processing described therein.
- You warrant that all information provided to us and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
- All Accounts must be registered with a valid personal email address belonging to the holder of the Account. We reserve the right to close any Accounts without notice if it is found that the said Account was registered under a third party’s email address or under an invalid email address.
- Upon completion of the registration process, you will be allocated a password to your Account which you will be entitled to change. You undertake to keep the password to your Account strictly private and confidential and to immediately notify us if the password is made known to any third party or if there is any unauthorised use of your email address or your Account or other any breach of security known to you. You agree that any person to whom its username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) this Website. Please note that you are wholly responsible for any unauthorised use of your email address or Account if you do not maintain the confidentiality of your password.
- We reserve the right to decline any new registration. We also reserve the right to cancel or close an Account at any time without notice.
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C. TERMS OF SERVICES
- Request for Services
- By making a request for the Services, you agree to use the Services subject to the terms and conditions herein.
- All requests are subject to availability and confirmation of the merchant. Where applicable, the cost of products and services published by a merchant in this Website may fluctuate on account of external factors beyond our control. All Services advertised are subject to such changes.
- When placing request, you undertake that all details you provide to us are true and accurate, that you are an authorised owner / user of the contact details used to place your request and that there are sufficient funds to cover the cost of the services.
- When you place a request, you will receive an acknowledgement e-mail confirming receipt of your request. This email will only be an acknowledgement and will not constitute acceptance of your request.
- Whilst we endeavour to assist you by organising and forwarding your requests for legal assistance to legal service advisor, we do not warrant or promise that the legal service advisor will respond and/or communicate with you or in particular manner or within specified response time.
- The response time by the legal service advisor may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays for which we will not be responsible.
- For the avoidance of doubt, no contract between us for the purchase and/or delivery of the legal service advisor’s services will be formed at any time.
- If a request is made for a chargeable service, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Services will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the request has been accepted.
- Where applicable, prices are inclusive of Services and Services Tax. Delivery costs will be an additional charge.
- Delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- Promotional Codes
- Tembusu Law may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.
- Only one promotional discount code can be applied to an Order at any time.
- Promotional discount codes reflected on digital coupons are debited at the time an request is placed. Digital coupons will automatically be redeemed against purchase totals, up to the total purchase amount. Digital coupons must be used prior to their noted expiration date and within a single transaction. We will not replace any digital coupons if it is lost, stolen, deleted, or if the Order is cancelled or returned. In the event where the total purchase value is below the coupon value, the excess value of the coupon will not be refunded. Unless stated otherwise, digital coupons cannot be used in conjunction with any other promotions or offers on this Website. The terms and conditions stated in each digital coupon shall be final and conclusive.
- Request for Services
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D. PRODUCT DISPLAYS, AVAILABILITY & INACCURACIES
- While Tembusu Law endeavours to ensure that the Services displayed on this Website are portrayed as accurately as possible, Tembusu Law cannot guarantee that the scope and nature of the Services matches the actual service rendered (i.e. communication with merchant or legal service advisor), as the delivery of the service / communication depends, in part, upon the merchant you are communicating with.
- Where there are additional or expanded scope of services included in the product descriptions, these are used purely for illustration purposes and will not be included in the final delivery of the communication experience by the merchant.
- 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 services which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your request at the correct price or cancelling it. If we are unable to contact you we will treat the request as cancelled. If you cancel and you have already paid for the services, you will receive a full refund.
- The Service 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 Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- Not all products available online are available in Tembusu Law’ stores. Online products, variants, pricing and availability may vary from the products available in Tembusu Law’ stores.
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E. PROHIBITED ACTS
- You must not temper or misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; misrepresent the identity of a user; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; conduct fraudulent activities; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute an offence and Tembusu Law will not hesitate to report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
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F. INTELLECTUAL PROPERTY
- All intellectual property on this Website (except for User Generated Content) is owned by Tembusu Law or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Tembusu Law. All Content on the Website (except for User Generated Content) is the proprietary property of Tembusu Law. All such rights are reserved by Tembusu Law and its licensors.
- You may store, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the Content supplied to you or which appears on this Website nor may you use any such Content in connection with any business or commercial enterprise.
- You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Tembusu Law or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Tembusu Law.
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G. DISCLAIMER
- This Website also contains links to other websites, which are not operated by Tembusu Law (the “Linked Sites”). Tembusu Law has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
- By using this Website, you expressly agree that use of this Website is at your sole risk. This Website is provided on an “as is” and “as available” basis. Neither Tembusu Law nor affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this Website will be uninterrupted or error-free.
- Neither Tembusu Law nor its Associates warrant the accuracy, integrity or completeness of the Content provided on this Website or the products or services offered for sale on this Website. Further, Tembusu Law makes no representation that content provided on this Website is applicable to, or appropriate for use in, locations outside of the Republic of Singapore. Tembusu Law and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Tembusu Law or its Associates shall create a warranty.
- Unless expressly stated to the contrary to the fullest extent permitted by law, Tembusu Law and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Tembusu Law’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Tembusu Law and you should not rely on the existence of such a connection or affiliation.
- Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Tembusu Law.
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H. INDEMNITY
- You agree to indemnify, defend and hold harmless Tembusu Law, 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 Service.
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I. VARIATION
- Tembusu Law 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.
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J. WAIVER
- If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver to be effective must be in writing.
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K. TERMINATION OF USE
- Tembusu Law may, in its sole discretion, terminate your Account or your use of the Website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Tembusu Law reserve the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.
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L. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
- A person who is not a party these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.
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M. GOVERNING LAW
- These terms and conditions are to be construed in accordance with the laws of the Republic of Singapore and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Singapore courts.
- In the event of any dispute, claim, question or disagreement arising out of or relating to these Terms & Conditions, or the breach thereof, no Party shall proceed to litigation or any other form of dispute resolution unless the Parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre.
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