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Terms Of Service

  1. Introduction
    1. Please read these Terms of Service and Privacy Policy (collectively the “Terms of Service”) carefully as it applies to all visitors and Account Holders accessing our online store, The Nice Mart, or using the Services.
    2. By accessing the Platform and/or using the Services, you unconditionally accept the present Terms of Service in their entirety.
    3. We may amend the Terms of Service at any time by posting a revised version of the Terms of Service (the “Revised Terms”) on the Platform. Such Revised Terms shall be effective immediately upon posting. You should check the Terms of Service periodically for, and read carefully, any such Revised Terms. Your access to, or continued use of the Platform and Services after the effective date of the Revised Terms constitutes your acceptance of the Revised Terms.
    4. If a material change is made, we may notify you by email, a notice on the Platform, or at such other places we deem appropriate. A "material change" will be determined at our sole discretion, in good faith, using common sense and reasonable judgment.
    5. If there is any conflict between the current version of the Terms of Service and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
    6. When you are a party to any Transaction, the Terms of Service shall be deemed to be incorporated into that Transaction. If there is any conflict or inconsistency between the Terms of Service and the express terms of contained in a Product Description Page, the express terms of that Product Description Page shall prevail.
  2. Orders and Transactions restricted to Singapore only

    We will only accept and process Orders that have designated delivery addresses in mainland Singapore.

  3. Acknowledgement of Acceptance
    1. When you click “Accept”, “Agree”, “Continue”, “Submit”, “Buy Now”, “Add to Cart”, “Check Out” or “Place Order”, or when you communicate your affirmation electronically when prompted in relation to:
      1. your application to be qualified as a registered Account Holder;
      2. the Terms of Service;
      3. any Order, Transaction and/or when using the Services,
      4. you are deemed to have read, understand and agreed to the terms and conditions of the abovementioned matter(s), and such act of affirmation shall also constitute an acceptance in accordance with Section 11 of the Electronic Transactions Act (Cap. 88)

    2. You acknowledge that your electronic submissions, including all Transactions, constitute your agreement and intent to be bound by and pay for such agreements and Transactions. Such agreement and intent to be bound by electronic submissions shall apply to all records relating to all your Transactions, including notices of cancellations, policies, contracts and applications. It shall be your sole responsibility to access and retain electronic records of all your Transactions.
  4. Registration as an Account Holder
    1. You must be registered as an Account Holder in order to have full access and use of the Platform and Services. For the registration process, you must provide information about yourself and your Authorised Payment Mode. Such information will include your name, email address, contact information, phone number, your credit/debit card or online payment source details, and other information that we may require for the registration process. We reserve the right to request for additional information or supporting documents to verify your identity.
    2. You must provide accurate, complete, and updated registration information. You shall keep the personal particulars and information stored in your User Profile updated at all times.
    3. Subject to Clause 4.4. below, the person applying to open an Account will be the considered the Account owner and contracting party for the purposes of our Terms of Service and will be the person authorised to use the Account in connection with the Services.
    4. If you are registering for or on behalf of a company or separate legal entity, we reserve the right to require you to provide supporting documentary proof to substantiate (i) the existence of such company or legal entity and (ii) that you are authorised by such company or legal entity to register the Account and to represent it in any Transaction.
    5. As part of the registration process, you may be required to verify your email address and mobile number. You shall notify us immediately if you lose your mobile phone or believe that your email account has been compromised so that we can suspend all communication with you via the affected mobile phone number or email address until you update your User Profile with a new mobile phone number and/or email address. You shall also immediately update your User Profile information whenever you change your mobile phone number or email address. We exclude all liability for any loss, damages, costs or expenses arising or resulting from your failure to notify us of the matters stated in this Clause.
    6. If our initial or ongoing verification and due diligence checks raises reasonable suspicions that the Platform and Services are being used for illegal activities, we will notify the relevant authorities and cooperate with such authorities in any investigation of such suspected illegal activities.
    7. You shall not use as your UserID any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. we reserve the right, at our sole discretion, to refuse registration of, or cancel your UserID. A failure to comply with the foregoing may also result in your Account being suspended or terminated.
    8. You are solely responsible for all activity that occurs on your Account and shall always maintain the confidentiality of your password to your Account. You shall:
      1. abide strictly by all procedures, policies and guidelines specified by TNM regarding security, authentication, and Transactions via the Platform;
      2. not use an Account belonging to another Account Holder or share your Account with any other person;
      3. not save your login details and password in the web browser if you are using a shared computer, tablet or mobile device to access the Platform;
      4. take appropriate steps to log out of your Account when you complete your activities and Transactions on the Platform;
      5. immediately notify us in writing if you have reason to believe that:
        1. a third party has obtained your Account details without your consent;
        2. there has been an unauthorized use of your Account; or
        3. there have been other Account-related security breaches.
      6. If you have reason to believe that the security of your Account has been compromised, you should contact us immediately to suspend your Account.

    9. We shall not be liable for any loss or damages (whether direct or indirect) suffered by you or any third party as a result of your breach this Clause. You shall be liable for all loss or damages (whether direct or indirect) that we may suffer as a result of your breach of this Clause.
    10. If a dispute arises regarding Account ownership, we may temporarily disable an Account until a resolution has been determined between the disputing parties. We reserve the right to determine and/or grant ownership to an Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. We reserve the right to request for any documentation to determine or confirm Account ownership. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party.
  5. Personal Information
    1. You warrant that all personal particulars and information provided in the creation of your Account are complete, true and accurate. You shall ensure that such personal particulars and information are kept updated in your User profile.
    2. You agree that we are entitled to use any personal data that you have submitted:
      1. to process and fulfil your confirmed Orders and to provide the Services;
      2. for record purposes and verification of your personal particulars and using such information to communicate with you;
      3. to conduct statistical analysis of Account Holders including the number of Account Holders, frequency of use, profile of Account Holders and using such analysis for our business plans, the enhancement of the Services and conveying such information in general terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with TNM;
      4. to keep you informed via e-mail and electronic newsletters regarding the Services and potential deals, offers or promotion sales that may interest you;
      5. to comply with any request from any third party or any Order of Court or directive from Authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any Account Holders.
    3. You hereby release TNM from and against any and all claims, suits, liabilities, or damages which you may sustain in connection with your particulars or information being used in the manner set out in this Clause.
    4. You shall be solely responsible for backing up and keeping copies of all your essential Account Holder Data, including your Order history.
  6. Account Holder Representations, Warranties and Acknowledgement
    1. You represent and warrant that:
      1. if you are an individual, you are at least 21 years of age or are of legal age to form a binding contract under the applicable laws;
      2. if you are representing a company or any other legal entity, you are authorised to register and operate the Account on its behalf;
      3. you are of sound mind and have the legal capacity to agree to the Terms of Service;
      4. you have full power, capacity, authority and legal right to observe and perform all obligations set out herein;
      5. if you are a legal entity, the execution, delivery and performance of the obligations contemplated in the Terms of Service will not violate any applicable laws, rules or regulations, will not require any approval or consent of any Authority; and
      6. all information that you have furnished to us when registering for Account are authentic, true and accurate; and
      7. you are the lawful owner or account holder of your Authorised Payment Mode and you are authorised to deduct all cost of purchase, shipping, charges and expenses relating to your Transaction.
    2. You hereby acknowledge and agree that each of the representations and warranties in this Clause are repeated each time you use the Platform or Services, when you place an Order.
    3. You shall notify us immediately if any of the representations and warranties contained in this Clause becomes untrue or inaccurate. We reserve the right to reject or cancel any Order placed if you breach any of the representations and warranties in this Clause.
    4. You shall indemnify and keep indemnified TNM, its officers, employees, affiliates and assignees against all claims, losses, damages, penalties, fines, interest, costs (including legal costs) and expenses arising or resulting from a breach of any of the warranties and/or representations contained in this Clause.
  7. Personal Data

    As part of using the Services (and any third-party and/or business partners’ services available on the Platform), TNM, such and third party and/or our business partners may require the collection, access and use of personally identifiable information pertaining to you, including the activities or transactions undertaken by you through the Services. You acknowledge and agree that our Privacy Policy and such third-parties’ and/or business partners’ privacy policies govern such activities.

  8. Proprietary Rights

    TNM shall retain all ownership, rights, title and interests in the TNM Data. You shall retain all ownership, rights, title and interests in your Account Holder Data. You hereby grant TNM the licence to use, process, or transmit your Account Holder Data in such manner as is necessary for us to perform the Services.

  9. Confidential Information
    1. You acknowledge that when using the Platform and the Services, you may be granted access to Confidential Information belonging to TNM, its affiliates or business partners.
    2. You shall:
      1. use the Confidential Information solely for the purposes and in connection with the Services and/or in respect of any Transaction you are a party to. Save as aforesaid, you shall not copy, publish, disseminate, use or otherwise exploit such Confidential Information;
      2. keep all Confidential Information strictly confidential and not disclose the same without our prior written approval;
      3. immediately notify TNM of any suspected or actual unauthorized use, copying or disclosure of Confidential Information;
      4. assist TNM in relation to any proceedings we may take against any person for unauthorized use, copying or disclosure of the Confidential Information; and
      5. not to make any unauthorized copies of any Confidential Information without the prior written consent of TNM.
    3. You shall be entitled to disclose the Confidential Information only to your employees, agents or servants (each a “recipient”) who reasonably need access to the Confidential Information to facilitate your performance under any Order, and on condition that such recipient shall have:
      1. entered into legally binding confidentiality obligations with you on terms equivalent to those set out herein;
      2. been informed of TNM’s interests in the Confidential Information and the terms herein;
      3. been instructed to treat the Confidential Information as secret and confidential in accordance with the provisions of the Terms of Service;
      4. provided always that your obligations to secure the confidentiality of such Confidential Information shall continue to apply and that you shall remain liable for any unauthorised disclosure or use thereof by the recipient(s).
    4. As damages may not be sufficient remedy for a breach of this Clause, we reserve the right to seek specific performance or injunctive relief to prevent any threatened or actual breach of this Clause. The obligations of confidentiality contained in this Clause shall survive the termination of the Account Holder Agreement.
  10. Trade Marks, Copyrights and Restriction
    1. All Content on the Platform are proprietary to, or is licensed by TNM. Such Content is protected by copyrights, trademarks, service marks, and/or other intellectual property rights that are governed by Singapore and worldwide copyright laws.
    2. The names, trademarks, service marks and logos appearing on the Platform are the registered or unregistered Trade Marks of TNM or its affiliates, business partners or service providers (collectively the "Trade Marks"). Nothing in the Terms of Service shall be construed as granting to you (by implication, estoppel or otherwise) any license or right to use any Trade Marks.
    3. You shall not without our prior written approval:
      1. use the Trade Marks in relation to any product, service, merchandise or website;
      2. copy, reproduce, adapt, modify, distribute, publish, post, or otherwise use or exploit any Content on the Platform in any way or for any purpose;
      3. distribute or make any part of the Platform available over any other website or any network;
      4. hyperlink or in-link the Website and/or Trade Marks to any website;
      5. frame or otherwise incorporate into another website any of the Content or other materials on the Platform.
    4. Whilst you may use the Trade Marks or the Platform in a descriptive manner, you shall not refer to the Trade Marks or the Platform in any way to suggest that you or your products, services or website are affiliated to or is endorsed by TNM, its affiliates, business partners or service providers.
  11. Acceptable Usage Policy
    1. You shall only use Platform in a manner that is lawful and ensure that you comply fully with all applicable local, state or international laws and regulations.
    2. You shall not:
      1. use the Platform or Services for illegal or unauthorised purposes;
      2. upload, post or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit, or which otherwise violates the rights of TNM, any Account Holder or third party (including any intellectual property rights privacy rights, contractual rights);
      3. impersonate any person or entity or provide false information on the Platform;
      4. post or transmit any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
      5. abuse or use threatening language in verbal or written form (including threats of abuse or retribution) any of our Account Holders, employees, our officers or members;
      6. use the Platform in any way or for any purpose that is illegal, fraudulent or intended to harm any person or persons in any way;
      7. act in a manner that may be perceived as damaging our reputation and goodwill or which brings TNM into disrepute or harm;
      8. attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising any part of the Platform;
      9. use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Platform or the Services;
      10. use the Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
      11. attempt to gain unauthorised access to any part of Platform, the server on which Platform is stored, or any other server, computer, or database connected to Platform;
        1. attack the Platform by means of a denial of service attack, a distributed denial of service attack, spam, or by any other means.
    3. By breaching the provisions of this Clause, you may be committing a criminal offence under the Computer Misuse and Cybersecurity Act (Cap. 50A). We will report such breach(es) to the relevant authorities and will cooperate fully with those authorities, including disclosing your identity to them.
  12. Order
    1. When you place an Order on a product, you are offering to purchase the product subject to the terms and conditions in the Product Description Page and these Terms of Service. To place an Order, click on the product that you wish to purchase and follow the onscreen instructions. Your purchase of the product shall be subject to the express terms and conditions contained in Product Description Page.
    2. When placing an Order, you should take care to ensure that all the information, including the quantity, delivery address and, if applicable, the delivery time and date are correct. Please check your Order before submitting it to us. Once an Order is placed, it is not revocable without our consent.
    3. After you have placed an Order, we will send an email to you acknowledging that we have received your Order. This acknowledgement does not mean that your Order has been accepted by us. We are not obliged to accept your Order and may, at our discretion, decline to accept any Order. If we decline to accept an Order, we may send an email to you notifying you that your Order has not been accepted. This is typically for the following reasons:
      1. the product is out of stock or no longer available for sale;
      2. we cannot process, approve or receive payment through your Authorised Payment Mode;
      3. there is an error or inaccuracy in the purchase price, shipping fee, description or other material term contained in the Production Description Page of that product.
      4. The above list is non-exhaustive and we may decline your Order for other reasons.

    4. When we accept your Order, we will notify you by sending an Order Confirmation. The Order Confirmation will also contain an electronic invoice for that Transaction. When we send the Order Confirmation, a binding contract in respect of the product ordered will be formed between TNM and yourself.
  13. Pricing and Description of Product
    1. All prices of products offered on The Nice Mart are quoted in Singapore Dollars.
    2. Whilst we try and ensure that all information appearing in a Product Description Page are accurate, errors may occur. We will not be liable for such errors. If we discover an error or inaccuracy in the purchase price, shipping fee, description or specification of any product that you have ordered (whether such Order has been confirmed or otherwise), we will notify you by email as soon as possible. You will have the option of (1) reconfirming your Order at the correct purchase price, description or specification, or (2) cancelling the Order. If we are unable to contact you, or if you do not respond to us within 3 Business Days of our email, your Order will be deemed cancelled. If you elect to cancel the Order and you have already paid, you will receive a full refund.
    3. All Orders are subject to stock availability. If a product is unavailable, we reserve the right to cancel or reject your Order without being responsible for any liability or compensation. We will notify you by email as soon as possible if your Order is cancelled or rejected.
  14. Terms of Payment
    1. You must provide a valid Authorised Payment Mode when you place the Order. Each time you submit an Order through the Platform, you authorise us and our payment service provider to charge the cost of purchase, shipping fees and all expenses relating to that Order to your Authorised Payment Mode.
    2. If we are unable to process or authorise the deduction for your Order for any reason whatsoever, your Order will not be confirmed. We will notify you by email in such event and you shall be responsible for ensuring that all issues relating to your Authorised Payment Mode are resolved. Alternatively you may specify another Authorised Payment Mode when you re-submit your Order. We shall not be liable for any loss, damage arising from our inability to process your payment.
    3. If you notify your Authorised Payment Mode to chargeback or reject the charge (“Chargeback”) of any payable cost of purchase, shipping fees and all expenses relating to an Order, this act will be considered a breach of your payment obligations under the Terms of Service and your Account may be suspended or terminated. Your access to the Platform and use of the Services will not resume until you have paid all monies due to us in full, including any fees and expenses incurred by us and/or our service provider(s) for each Chargeback received. We reserve the right to dispute any Chargeback received, including by providing the relevant card company with any information and documentation proving that you did in fact authorise the transaction.
  15. Delivery
    1. Products in stock are normally delivered within the number of working days shown on the Product Description Page or the Order Confirmation. Whilst we will take reasonable steps to ensure that the product(s) will be delivered by such time, the time of delivery is an estimate only and is subject to change. We will not be liable for failure to meet such specified time of delivery.
    2. We will deliver the product(s) to the address given in your Order. Please ensure that there is someone present to accept delivery. If no one is at the address at the time of delivery, we may (at our discretion) leave the product(s) at the front door of the delivery address, or we will inform you of an alternative time for the delivery or a location where you can collect the products. We reserve the right to charge shipping fees for the subsequent delivery attempt(s).
    3. Title to the product(s) and all risk of damage, loss or theft will pass on the delivery of the product(s) at the designated delivery address, whether it is handed to a person receiving such delivery or when left at the front door.
  16. Errors, Defects, Damage & Refund
    1. If the product(s) delivered to you:
      1. is less than the quantity that you ordered;
      2. is damaged or defective;
      3. is of a different description or specification from that which you ordered;
      4. you shall notify us by email at admin@thenicemart.com within three Business Days from the date of delivery, failing which your Order will be deemed completed. Where the product is damaged, defective or of the wrong description or specification, you must provide us with photographs of the affected item(s) as proof.

    2. We may, at our sole and absolute discretion:
      1. give you a refund;
      2. deliver the requisite quantity of items to make up the shortfall; or
      3. a replacement in exchange for the damaged, defective or incorrect item(s). We will arrange for the collection of the damaged, defective or incorrect item(s) at our own cost.
    3. You will not be eligible for a refund or item exchange in respect of Clause (c) unless the item is returned in its original condition, in its original box and/or packaging, and is not used or expired.
  17. Accuracy of Information
    1. While every measure has been taken to ensure the accuracy and completeness of the information on the Platform, we do not guarantee or make any warranties or representations regarding the accuracy or completeness of such information. TNM reserves the right to add, remove or amend the Content on this Platform at any time.
    2. TNM shall not be responsible for the accuracy, currency, reliability and correctness of any Content that is provided by third parties nor for the accuracy, currency, reliability and correctness of information from third-party sources, links or references to information sources (including websites) outside its control.
    3. TNM, its directors, employees, servants and agents shall not be liable, to the fullest extent permissible by law, for any losses, damages, claims, liabilities, interest, costs (including legal costs) and expenses arising by reason of (i) any person using or relying on the Content, or (ii) any error or incompleteness of fact, or lack of care in the preparation or publication of the Content.
  18. Platform Maintenance
    1. TNM will perform maintenance of the Platform from time to time. We will endeavour to give you as much advance notice as possible of such Platform maintenance via email specifying the date(s), and the estimated start and end time(s) of the maintenance.
    2. During the maintenance period, the Platform will be taken offline and you will not be able to access the Platform or the Services.
  19. Links to Third Party Sites
    1. The Platform may contain links to other Websites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and you access them at your own risk. The Content of any Linked Sites is not under our control. We are not responsible for, and do not endorse, such Content, whether we are affiliated with the owners of such Linked Sites or not.
    2. Your access or use of any products and services via the Linked Sites is solely between you and the applicable Third Party Services provider. Such access or use is entirely at your own risk and discretion and will be subject to the terms applicable to such Third Party Services, which you agree to be bound by.
    3. If any disputes or queries arise in respect of Third Party Services, such disputes must be resolved with the applicable Third Party Services provider.
  20. Disclaimer and Limitation of Liability
    1. The Platform and Service are provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults, that it will be compatible with all software and hardware, or that it will be secure. To the maximum extent permitted by the law we provide no warranties (express or implied) of merchantability, fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality, or any warranties arising from course of dealing or usage in trade.
    2. Whilst we make reasonable efforts to ensure that the Content on the Platform is complete, accurate, and up-to-date, we do not make any representations, warranties or guarantees (whether express or implied) that the Content is reliable, complete, accurate, or up-to-date. TNM shall not be liable for any loss or damage that may arise (whether directly or indirectly) from your use or reliance on such Content.
    3. Whilst we take all reasonable steps to ensure that the Platform is secure and free from viruses and other malware, we do not guarantee that the Platform is secure or free from viruses or other malware and will not accept any liability in this regard. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    4. To the fullest extent permissible by law, we shall not be liable or responsible for any injury, claim, liability, loss or damage (whether foreseeable or otherwise), in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with:
      1. your use of (or inability to use) the Platform and Services, or your use of or reliance on any Content;
      2. any Orders that you place via the Platform;
      3. any Transaction that you are a party to;
      4. your access or use of any products or services provided by Third Party Servicer providers; or
      5. any steps taken by TNM to enforce the Terms of Service.
    5. Without prejudice to the foregoing, we are not liable for any incidental, indirect, special, punitive, exemplary or consequential damages including loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption even if we have been advised of the possibility of such damage.
    6. If, notwithstanding the foregoing, liability can be imposed on us, then you agree that our aggregate liability for any and all losses or injuries arising out of any act or omission on the part of TNM in connection with anything to be done or furnished under the Terms of Service, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the value of products(s) or Order(s) that has given rise to such losses or injuries.
  21. Sub-contracting and delegation.

    We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

  22. Binding and conclusive.

    You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to any Transaction that you are a party to, or in connection with the Platform and/or Services will be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.

  23. Indemnity
    1. You shall indemnify and keep harmless TNM, its affiliates, business partners and Service Providers from and against any and all claims, demands, losses (including loss of profits), damages (whether direct or indirect, consequential or special), fines and penalties, costs (including legal costs on an indemnity basis) and expenses arising out of or in connection with:
      1. your access or use of Platform and Services and any Transactions that you participate in;
      2. any breach of the terms of the Terms of Service, or any policies, rules and regulations governing the use of the Platform and Services; or (iii) any infringement of any third party rights.
      3. your breach of any warranties and representations contained in the Terms of Service;
      4. any false or inaccurate information and/or documents that you have provided to us, particularly during your application for registration as an Account Holder;
      5. any fraud or illegal activity committed by you whilst using the Platform or Services;
      6. any third party accessing/using your Account, whether with or without your permission, or your failure to keep your Account log-in details private;
      7. any claim made against you for actual or alleged infringement of our Intellectual Property Rights or any actual alleged infringement of a third party Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.
    2. In addition, we may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Platform and Services, including informing any third party we deem appropriate of such breach or use and/or disclosing your personal data to such third party .
  24. Suspension of Account and Services
    1. TNM reserves the right to suspend your Account and/or your access to (all or part of) the Platform and Services, with or without notice, if:
      1. we consider, in our sole discretion, that you are in breach of the terms of the Terms of Service or any of our policies, rules and regulations governing the use of the Platform and Services;
      2. we detect unusual activities in your Account;
      3. we detect unauthorized access to your Account;
      4. you are in breach of any of the Terms of Services or your obligations thereunder;
      5. if a Force Majeure Event occurs; or
      6. if we are required to do so by a court order or command by a regulatory/government authority.
      7. These circumstances listed in this Clause are non-exhaustive, and TNM may suspend your Account and/or access to the Platform and use of the Services if we deem it is in the interests of the Platform and our Account Holders.

    2. Without prejudice to the foregoing, we reserve the right to take one or more of the following actions:
      1. issue a written warning to you;
      2. take legal proceedings against you;
      3. restrict your access to, or close your Account;
      4. report any activity we suspect to be in violation of any applicable law to the appropriate authorities and cooperate with such authorities; or
      5. such other actions that we deem necessary under the circumstances.
    3. If your Account is suspended for any of the reasons stated in this Clause, you will have limited functionality and access to the Platform and Services, in particular:
      1. you will not be permitted to place any Orders;
      2. you will only be able view the Transactions that you are a party to prior to the suspension of your Account.
    4. We exclude all liability arising out of the suspension of your Account in response to any of the matters stated in this Clause.
  25. Termination of Account
    1. You may terminate your Account by giving at least fourteen (14) days’ written notice to us provided you are not a party to any uncompleted Transactions.
    2. We reserve the right to terminate your Account with or without notice to you if:
      1. we consider, in our sole discretion, that you are in breach of the terms of the Terms of Service or any of our policies, rules and regulations governing the use of the Platform and Services;
      2. your Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
      3. we detect unusual activities in your Account;
      4. we detect unauthorized access to your Account; or
      5. we are required to do so by a court order or command by a regulatory/government authority.
  26. Consequences of Termination of Account
    1. Upon termination of your Account, howsoever arising:
      1. we will cease providing the Services to you. In particular, you will not be permitted to place any Orders;
      2. any payments due from you pursuant to the Terms of Service or any uncompleted Transactions shall become immediately due and payable. TNM shall have the right to deduct such payments from the amounts standing to your credit or any amounts due to you pursuant to any Transaction;
      3. you will be granted limited access to your Account for up to fourteen (14) days from the Notice Date to enable you to retrieve and download records of your Transactions. Upon the expiry of the fourteen-day period, your access to your Account will be terminated and we will have no obligation to store or provide you with your Account Holder data. You should therefore retrieve all your Account Holder data as soon as possible;
      4. your Account, and all associated rights and benefits will be terminated.
    2. The termination of your Account shall be without prejudice to TNM’s accrued rights and we shall not be liable to you for any loss or damage occasioned by the aforesaid termination.
    3. For the avoidance of doubt, the suspension or termination of your Account shall not prejudice our rights against you for the breach of the Terms of Service, or for any amounts due or other obligations accrued prior to such suspension or termination. This Clause shall survive the termination of your Account.
    4. Without prejudice to Clause 20. (Disclaimer and Limitation of Liability), we shall not be liable to you for any loss or damage for such suspension or termination and you shall not be entitled to any compensation. For avoidance of doubt all disclaimers, indemnities and exclusions in the Terms of Service shall survive the termination of your Account.
  27. Cooperation with Authorities and Police Enforcement
    1. We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
    2. We reserve the right to disclose your Account Holder Data, including information regarding your Transactions if required to do so by the relevant law enforcement authorities.
  28. Communication
    1. Each notice or other communication given or made under the Terms of Service shall:
      1. be in writing delivered by prepaid first-class post, or by e-mail;
      2. be deemed to have been received, unless otherwise proven, in the case of a letter, two (2) Business Days if posted to an address within Singapore or ten (10) Business Days if posted to an overseas address and, in the case of an e-mail, at the time when the e-mail was sent; and
      3. be sent to you at the address/e-mail stated in your Account Holder Profile and, in the case of TNM, to the following address:

        Address : 5 Pereira Rd, #05-04, Singapore 368025

        E-mail : admin@thenicemart.com

  29. Entire Agreement

    The Terms of Service contains the all terms and conditions governing your access and use of the Platform and Services. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication relating to the subject matter of the Terms of Service.

  30. Non-disparagement
    1. We strongly encourage that you direct any issues, difficulties or problems that you may experience when using the Platform and Services to our customer support at [email address].
    2. You shall not in any way (whether publicly or otherwise) criticize, disparage, call into disrepute, or otherwise defame or slander TNM, its affiliates or service providers or their respective directors, shareholders, employees, or any of the Platform or Services in any manner that would reasonably be expected to damage the business or reputation of said parties, their businesses, products or services.
    3. As a breach of this Clause is likely to cause irreparable harm to TNM, and monetary damages are unlikely to adequately compensate TNM, we reserve the right to seek injunctive or other equitable relief against you from any Court of competent jurisdiction to restrain such breach.
  31. Assignment
    1. TNM may at any time assign and transfer to any person, company or entity all or any part of Terms of Service, as well as the rights and benefits thereunder and, in such event, the Terms of Service shall thereafter be read and construed and shall have effect as if the assignee were a party hereto with the intent that the assignee shall have the same rights under Terms of Service as if assignee had been an original party hereto.
    2. You shall have no right to assign Terms of Service or the rights and benefits thereunder to anyone without the prior written consent of TNM. Except as otherwise provided herein, Terms of Service shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties.
  32. Remedies

    The remedies conferred by the provisions of the Terms of Service shall be in addition to any other remedy that is available to us at law or in equity. The election of any one or more of such remedies on our part shall not constitute a waiver by us of the right to pursue any other available remedy.

  33. Severability

    If any Clause or part of a Clause of the Terms of Service shall be, or be found by any authority or Court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of the Terms of Service, all of which shall remain in full force and effect.

  34. Waiver

    No failure or delay on our part to exercise any right, power or remedy under the Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver on our part of any breach by you of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

  35. Force Majeure

    We will not be liable to you or any third party for any failure by us to perform our obligations under the Terms of Service if such non-performance arises because of the occurrence of a Force Majeure Event.

  36. Prevailing Language of Agreement & Notices
    1. The Terms of Service is in English and if the Terms of Service is translated into and/or signed in any language other than English, the English language text shall prevail in the event of any discrepancy or inconsistency between the translation and the English language text.
    2. Each notice, instrument, certificate, or other communication to be given by one party to another pursuant to the Terms of Service or in connection with the Terms of Service shall be in English and if such notice, instrument, certificate or other communication or the Terms of Service is translated into any other language, the English language text shall prevail in all events and circumstances.
  37. Third Parties’ Rights

    A person who is not a party to the Terms of Service shall not have or acquire any right to enforce any term herein (including, but not limited to, any right to enforce or have the benefit of any exclusion or limitation of liability contained in the Terms of Service) under the Contract (Right of Third Parties) Act, Chapter 53B of Singapore. This Clause shall override any other Clause herein that is or may be inconsistent with it.

  38. Governing Law

    The validity, construction and performance of the Terms of Service and all Transactions that you are a party to shall be governed by and interpreted in accordance with the laws of Singapore.

  39. Mediation and Submission to Jurisdiction
    1. Any dispute arising out of or in connection with any Transaction must first be submitted for mediation at the Singapore Mediation Centre ("SMC") in accordance with SMC’s Mediation Procedure in force for the time being. Either TNM or you may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 30 days thereof.
    2. TNM will be represented by its authorised representative at the mediation, and you shall appear in person. If you are a legal entity, you must send an authorised representative who will have authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
    3. If, and to the extent that, any such dispute, has not been settled pursuant to the parties having participated in mediation, it shall, upon the filing of a formal suit by any party who is a party to such dispute, be referred to and finally determined by the courts of Singapore. In such instance, you irrevocably submit to the exclusive jurisdiction of the courts of Singapore in respect of all matters arising out of or in connection with the Transaction.
  40. Definitions
    1. In the Terms of Service, unless the context otherwise requires, the following terms shall have the respective meanings indicated:

      “Account” means an online account which will be maintained and operated by a registered Account Holder containing all the Account Holder’s personal data and through which the Account Holder places Orders and enters into Transactions;

      “Account Holder”, “you” or “your” means the person who is a registered Account Holder and is permitted by TNM to use the Platform and Services;

      “Account Holder Data” includes an Account Holder’s personal data (confidential or otherwise), Order history and other information that is proprietary to that Account Holder;

      “Affiliate” includes a holding company, subsidiary of TNM, or is related to TNM through common ownership or control;

      “Authorised Payment Mode” means a credit card, debit card, online payment system or other mode of payment you have authorised Nice’s payment service provider to charge the cost of purchase, shipping fees and all expenses relating to your Orders.

      “Authority” includes any governmental department, ministry, statutory board or other entity having regulatory or licensing authority over TNM, the Platform and Services and the Account Holders;

      “Business Days” means a day other than a Saturday or Sunday, on which banks are open for normal business in Singapore;

      “Business Partner” includes business associates, or any party who is offering products and services that are complementary to the Platform;

      “Confidential Information” includes all confidential information belonging to TNM or Account Holders, information relating to Transactions and trade activities on the Platform, trade secrets, Account Holder data, intellectual property rights, and any information that should be reasonably be recognised as confidential information and shall not include information that:

      1. enters the public domain through no fault on the part of the receiving party or a breach of an obligation of confidentiality owed by any party to the disclosing party;
      2. at the time of the disclosure is or has been disclosed to the receiving party by an independent third party whose source is not directly or indirectly the disclosing party;
      3. is independently developed, generated and/or discovered by the receiving party without access to or use of the Confidential Information, as evidenced by written records; or
      4. is required to be disclosed by law or order of a Court of competent jurisdiction, provided that you shall furnish prompt written notice of such required disclosure and reasonably cooperate with TNM to seek a protective order or other appropriate protection of the Confidential Information; and any disclosure under this sub-clause is limited to the extent of the legal requirement.

      The receiving party shall have the burden of proving that any information falls within the exceptions set out in the above sub-clauses;

      “Cost of Purchase” means the purchase price of a product;

      “Content” includes texts, photographs, images, illustrations, audio clips, video clips, files, photographs, logo’s, slogans or any other material that is published on the Platform;


      “Force Majeure Event” means events and circumstances beyond TNM’s reasonable control including floods, earthquakes, tsunamis, volcanic eruptions, extraordinary weather conditions, pandemics, epidemics, natural disasters, or other acts of God, fire, war, insurrection, riot, labour dispute, accident, action of government including sanctions, restrictions, circuit breakers, lockdowns, communications, network or power failure, or equipment or software malfunction;

      “Intellectual Property Rights” includes service marks, trade marks, copyrights, trade and business names, rights in the nature of unfair competition rights and rights to sue for passing off, trade secrets, confidentiality, know-how and information used in or relating to the Services, the benefit of all licensees, permissions and rights given or granted to TNM by third parties;

      “Order” means an order placed by an Account Holder for products(s) offered for sale by our online store, The Nice Mart, subject to the terms of sale of such products(s), specified in the Product Description Page;

      “Order Confirmation” means an email sent to confirming the acceptance of an Order placed by an Account Holder;

      “Personal data” means any data, whether true or not, about an individual who can be identified (a) from that data or (b) from that data and other information that we have or are likely to have access, including data in our records as may be updated from time to time. Such data includes names, addresses, telephone numbers, email addresses, bank account details;

      “Platform” means the an ecosystem comprising of the The Nice Mart website at www.thenicemart.com, mobile applications, clients, applets and other applications, whether developed by TNM or third parties, to offer the Services;

      “Privacy Policy” means our privacy policy governing the use of Account Holders’ personal data. The Privacy Policy can be found at the Privacy Policy section of our website;

      “Product Description Page” means the webpage of a product containing, amongst others, the purchase price, product description and specifications, stock availability and other terms of sale;

      “Service Provider” means a third-party provider whose services we may rely on to provide the Platform and Services;

      “Services” means the offer of products to Account Holders by our online store “The Nice Mart” via the Platform, offline or such other means as is necessary to facilitate such Services;

      “Shipping Fees” means the cost of delivering the products that you have ordered to your designated delivery address;

      “Third Party Services” means third party software, applications, products, services that we make available through the Platform and/or Services.

      “TNM”, “our”, “us” or “we” refers Youliiv Pte. Ltd. (UEN No. 201928587N), a Singapore company having its registered address at 390 Orchard Road, #14-04 Palais Renaissance, S238871;

      “TNM Data” means TNM’s trade secrets, confidential information, intellectual property rights, and such other information that is proprietary to TNM;

      “Trade Secrets” means ideas, know how, show how, methods, techniques or processes that derives independent economic value from not being generally known to, and not being readily accessible persons who can obtain economic value from its disclosure or use;

      “Transaction” means an Order placed by an Account Holder, the confirmation of the Order by TNM, the fulfilment of the Order and such other steps to be taken by the respective parties to discharge their obligations under the contract for the sale and purchase of the products(s) comprised in the Order;

      “Website” means the website located at www.thenicemart.com.

    2. In the Terms of Service:
      1. clause headings are inserted for convenience only and shall not affect the interpretation of this Terms of Service;
      2. words importing the plural shall, except where the context otherwise requires, include the singular and vice versa;
      3. references to the masculine gender shall include the feminine or neuter genders and vice versa;
      4. the words “including,” “includes,” and “include” are deemed to be followed by the words “without limitation”;
      5. a reference to any statute or legislation shall be deemed a reference to such statute or legislation for the time being in force, and as may be amended from time to time, and be deemed to include any subsidiary legislation made under it; and
      6. 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, and their respective successors in title and assigns.
 
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