Welcome to kalms.com.sg (the “Site”). This Site is owned and maintained by Kalms Singapore Pte Ltd (“Kalms”). Please read these terms and conditions carefully. Throughout this Site, the terms “us”, “we” and “our” refer to Kalms. Kalms offers this website, including, without any limitation, mobile applications, web applications and any related services including notifications, electronic mails (collectively, the “Services”) and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the “Content”) from this Site to you.
The following Terms and Conditions govern your use and access of the Site and the use of the Services. By accessing the Site and/or using the Services, you agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms and Conditions, do not access and/or use this Site or the Services.
- By accessing this Site and/or Services, you represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time, for any reason.
- Your access and use of the Services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.
- Kalms 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.
- A breach or violation of any of the Terms and Conditions will result in an immediate termination of the Services without further reference to you.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Modifications To The Provision of Services and Prices
- We reserve the right, at our sole discretion and at any time to modify the prices of our products without further notice to you.
- We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you.
- We shall not be liable to you or to any third-party for any, including but not limited to, modification, price change, suspension or discontinuance of the Services.
- To access certain parts of the Site, Services and/or Content, you will be required to create an account with us or to provide Personal Data. In so doing, you will be required to input a Username and Password.
- You are solely responsible for safeguarding and maintaining the confidentiality of your Username and Password. You agree not to: share or permit others to use your Account or Password; or assign or transfer your Account to any other person or entity.
- You agree that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of the Site and/or Services referable to your Username and Password. Kalms shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.
- 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 updating your information under My Account.
- Where a delivery address is associated with multiple Account(s) without our written authorization, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion, without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
i. Cancel any orders placed through such Account(s);
ii. Cancel or invalidate such credits or discount vouchers, coupons or codes awarded to or used by such Account(s);
iii. Prohibit such Account(s) or persons from participating in any promotions, contests or surveys or Kalms; and/or
iv. Merge, suspend and/or terminate such Account(s).
- The Intellectual Property in and to the Site and the Content are owned, licensed to or controlled by us, our licensors or third parties providing the data (“Data Providers”). We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
- You may not modify, copy, distribute, transmit, retransmit display, perform, reproduce, distribute, broadcast, circulate publish, license, create derivative works from, transfer, decompile, disassemble or sell any Content obtained from the Service and/or Site unless with our express written consent.
- The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
- We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Site, Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Site, Services and/or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Site, Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Site, Services or Content other than for their intended purposes.
- All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms and Conditions. All orders shall be subject to acceptance by Kalms. Processing of payment for an order shall not in itself constitute acceptance of the order by Kalms, save that where an order for any product(s) is rejected or cancelled by Kalms, any payment made for such order shall be reversed or refunded by Kalms in accordance with our prevailing refund policy at such time.
- All orders made by you are subject to stock availability. Kalms reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Product Information, Pricing and Payment
- Kalms endeavors to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. Kalms shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services.
- The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services.
- If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorize us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
- All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
- Payment for all orders shall be made in Singapore dollars.
- By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
- While we have made every reasonable effort to display as accurately as possible the colors and images of our products, we cannot warrant that such description is accurate, current or free from error.
- All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
- We reserve the right, at our sole discretion, to discontinue any product at any time.
Returns and Exchanges
- All items must be returned or exchanged within 14 days from the date of delivery.
- Please ensure that the item is in its original conditions and original packaging and with the original tags attached. All items must be returned in the original selling condition. Returns that are damaged, no longer in their original condition or do not otherwise meet our return policy shall not be accepted and will be returned to you at your own cost.
Accuracy of Billing and Account Information
- In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- We may provide you with access to third-party tools over which we do not monitor or have any control over whatsoever.
- You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for, including but not limited to, any loss and/or damage suffered by you whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Third Party Links
- Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please ensure that you review the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
- Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Errors, Inaccuracies and Omissions
- Occasionally there may be information on our Site, in the Services and/or Content that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
- We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, Content or on any related website is inaccurate at any time without prior notice to you.
- We undertake no obligation to update, amend or clarify information in the Site, Services, Content or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Services, Content or on any related website should be taken to indicate that all information in the Site, Services, Content or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site, Services or Content:
i) For any unlawful purpose;
ii) To solicit others to perform or participate in any unlawful acts);
iii) To violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
iv) To infringe upon or violate or intellectual property rights or the intellectual property rights of others;
v) To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vi) To submit false or misleading information;
vii) To upload or transmit viruses or any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
viii) To collect or track the personal information of others;
ix) To spam, phish, pharm, pretext, spider, crawl or scrape;
x) For any obscene or immoral purpose;
xi) To interfere with or circumvent the security features of the Service or any related website, websites, or the Internet.
Disclaimer of Warranties; Limitation of Liability
- We do not guarantee, represent or warrant that your use of our Site, Services and/or Content will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of our Site, Services and/or Content will be accurate or reliable.
- You agree that from time to time we may remove our Site, Services and/or Content for indefinite periods of time or cancel our Site, Services and/or Content at any time, without notice to you.
- You agree that your use of, or inability to use, our Site, Services and/or Content is at your own risk. Our Site, Services and/or Content and all products and services delivered to you through our Site, Services and/or Content are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Kalms, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall only be limited to the extent permitted by law.
You agree to indemnify, defend and hold harmless Kalms and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms and Conditions are effective unless and until terminated by either you or us.
- Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services.
- If we are of the opinion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
Changes to Terms and Conditions
We reserve the right, at our sole and absolute discretion, to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your sole responsibility to check these Terms and Conditions regularly for changes. If you do not agree to the amended Terms and Conditions, please do not access or use our Site, Services and/or Content. Your continued use of or access to our Site, Services and/or Content following the posting of any amended Terms and Conditions constitutes acceptance of those Terms and Conditions.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org