Terms and Conditions

Flecto

This page contains the terms and conditions for your use of our Website and Services ("Terms and Conditions"). Please read these Terms and Conditions carefully before using our Website and Services. If you do not agree to these Terms and Conditions, please refrain from using our Website and Services.

Definitions

  • "Account": A unique identity used to classify you and record your activities on our Website, and Services, created through registration on our Website.
  • "You": Refers to anyone accessing and/or using the Website and/or Services, regardless of whether you are registered or not.
  • "Authorized Retailer": A seller officially authorized to distribute and sell products in accordance with applicable laws and marketed through the Website.
  • "Service Fee": Fees charged by us to Merchants for Flecto Services as outlined in these Terms and Conditions.
  • "Personal Data": Information or data that can be used to identify an individual directly or indirectly.
  • "Privacy Policy": Refers to the Privacy Policy on the Website and Services.
  • "We": Refers to the provider of Flecto Services and its authorized representatives.
  • "Content": All content on the Website and/or Services, including but not limited to designs, text, graphics, photos, images, videos, software, music, sound files, rates, fees, data, and historical records.
  • "Force Majeure": As defined in Article XXXV of these Terms and Conditions.
  • "Order Confirmation": Confirmation from us, via email or other media, acknowledging the Buyer’s Order.
  • "Services": As described in Article V below.
  • "Merchant": A seller of pre-owned products marketed and sold through the Website.
  • "Buyer": A party registered on the Website who purchases products from a Merchant or Authorized Retailer through the Website.
  • "Order": Your request for products listed through the Website, constituting an order commitment.
  • "Agreement": The collection of documents consisting of:
    • Terms and Conditions;
    • Privacy Policy;
    • Other provisions on the Website.
  • "Product": Refers to watches or other products sold through our Website.
  • "Website": Refers to the Flecto website platform, flecto.sg, including all its domains and subdomains.
  • "Parties": Refers collectively to you and us, and individually as a "Party."

CHANGES TO THE TERMS AND CONDITIONS

We may update these Terms and Conditions from time to time. If any changes are made, they will be published on our Website, with the date of the last revision indicated. By continuing to use our Website and Services after such updates, you agree to be bound by the revised Terms and Conditions.

AGE REQUIREMENTS

If you are under 18 years old, you may use our Website and Services only with the consent and involvement of a parent or guardian. By using our Website and Services, you confirm that you either meet the age requirement or have obtained the necessary consent from your parent or guardian to do so.

OUR SERVICES

Through our Website, we provide a platform that helps Buyers find and purchase watches or other products sold by Merchants or Authorized Retailers.

In providing these Services, we clarify the following:

  1. We act solely as an intermediary between the Merchant or Authorized Retailer and the Buyer. We are not responsible for any losses resulting from your decision to transact with a Merchant or Authorized Retailer through our Services.
  2. Any losses arising from actions that violate the Agreement are entirely your responsibility, and you release us from all liability, claims, or demands from affected parties.
  3. We cannot be held liable for any inaccuracies, errors, or omissions in the Product listings uploaded by Merchants or Authorized Retailers.
  4. Our company, including its directors, employees, representatives, affiliates, or agents, is not responsible for any disruptions or issues caused by inaccuracies or omissions in the materials or information published on our Website.
  5. All information and data obtained through our Website will be stored in compliance with the applicable Singaporean law.
  6. Except for certain Products explicitly marked otherwise on the Website, we:
    • Are not affiliated with the Products or their manufacturers;
    • Do not hold licenses or rights to distribute or sell the Products at retail;
    • Do not have partnerships or agency relationships with companies authorized to distribute or sell the Products.
  7. We reserve the right to refuse Services, cancel transactions, or suspend accounts if we suspect involvement in criminal activities or violations of the Agreement.
  8. We may report suspected illegal activities conducted through our Services to the appropriate authorities.
  9. We reserve the right to return Products to the Merchant/Authorized Retailer or withhold them for submission to authorities if they are suspected to originate from unlawful activities.

Certain Services described in these Terms and Conditions may not yet be available at the time of your use of our Website. These Services are included to provide clarity on the full scope of offerings that may become available as we continue to develop and expand our platform. We reserve the right to roll out Services in phases and will provide updates regarding their availability through our platform or other official communication channels.

BUYER: PRODUCT ORDERS

When placing or intending to place an Order, the Buyer acknowledges and agrees that:

  1. The Buyer is responsible for thoroughly reading, understanding, and agreeing to all information and descriptions of the Product before committing to purchase.
  2. We reserve the right to accept or reject any Order placed by the Buyer at our discretion. If we do not accept an Order, we will notify the Buyer accordingly.
  3. By placing an Order on the Website, we may share the Buyer’s Personal Data with our partners, affiliated shipping companies, or other relevant third parties for Service purposes.
  4. The Buyer must make payments using the selected payment method and in the exact amount stated on the payment page, including any unique codes if applicable. We are not responsible for any losses incurred if the Buyer fails to make payment as per the specified amount.
  5. Refunds will only be processed under the following conditions:
    • Overpayment for our Services;
    • Identified shipping issues that prevent the Product from being delivered;
    • Unfulfilled orders due to out-of-stock items, unavailable partners, or shipping changes;
    • Undelivered Products within the specified timeframe; or
    • Other cases determined by us.
  6. Claims made after confirming receipt of the Product are not our responsibility. Any losses arising post-confirmation are solely the responsibility of the Buyer.
  7. Issues with Product delivery caused by delayed payment are the sole responsibility of the Buyer.
  8. We reserve the right to resolve unresolved transaction issues due to the absence of a mutual resolution by evaluating the available evidence. Our decision is final and binding for both us and the User.
  9. Buyers understand that each Order they place is made-to-order, where Products are processed after the Order is confirmed. We will not process Products without a prior Order. Buyers acknowledge that they cannot cancel, modify, or return an Order after placing it, except in cases where a defect is identified.
  10. Buyers must comply with all applicable laws and regulations, including anti-money laundering laws, during transactions. We reserve the right to request proof of identity and additional documentation to verify the legality of funds and transactions.
  11. Buyers must ensure that purchased Products are not used for illegal purposes, unlawful activities, or infringement of third-party rights.

YOUR REPRESENTATIONS AND WARRANTIES

You unconditionally and irrevocably represent and warrant that:

  1. You have read and agreed to the Agreement, including these Terms and Conditions and the Privacy Policy.
  2. You have the full legal right, capacity, and authority to access the Website and use our Services.
  3. You act in good faith while using our Website and Services and will only use them for lawful purposes in compliance with regulations.
  4. Your use of the Website and Services does not violate any existing or future obligations, including agreements with third parties.
  5. All information and data you provide or will provide to us are accurate, complete, and not misleading.
  6. No materials, data, or information submitted through your account, posted, or shared via the Website or Services infringe upon the rights of third parties, including but not limited to privacy, copyrights, trademarks, publicity rights, or other proprietary or personal rights, nor do they contain defamation, libel, or illegal content.
  7. All representations and warranties above are true and made without concealing any facts or material information. You accept full responsibility for their accuracy and are willing to be held accountable civilly or criminally should they prove untrue.
  8. Your obligations under these Terms and Conditions and/or your use of the Website and/or Services do not infringe on patents, copyrights, trademarks, trade secrets, or other proprietary rights (including misuse of trade secrets) of any third party. Any consequences resulting from such infringement will be the sole responsibility of the violator.
  9. The outcomes of using the Website and/or Services must not be used for purposes contrary to public order, social norms, morality, or to discredit any religion, ethnicity, or group.
  10. You will always uphold our reputation and ensure the confidentiality of any data received, subject to penalties under applicable laws and regulations.
  11. All costs arising from breaches of the Agreement by either Party shall be borne by the violating Party.

YOUR OBLIGATIONS IN USING THE WEBSITE AND SERVICES

When using the Website and Services, you agree to:

  1. Use the Website and Services in accordance with the Terms and Conditions, Privacy Policy, and applicable laws and regulations.
  2. Not use the information or data you receive through the Services for any purpose other than those specified in the Agreement.
  3. Not post or upload any materials or data that contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful or similar computer code, files, or programs designed to interrupt, disrupt, damage, or limit the functionality of any software, hardware, or telecommunication equipment.
  4. Not access, hack, obstruct, interfere with, disable, overload, or disrupt the proper functioning or appearance of the Website or Services. This includes but is not limited to denial-of-service attacks, spoofing, hacking sessions, reverse engineering, reprogramming, or using framing techniques to incorporate proprietary content or information.
  5. Not post any third party's personal information on the Website, including but not limited to addresses, phone numbers, email addresses, ID card numbers, social security numbers, or credit card numbers.
  6. Not use content or information in ways that would violate the rights of third parties if posted, shared, used, or uploaded through the Website or Services.
  7. Not post, share, or ensure the transmission of unsolicited advertisements, solicitations, promotional materials, “junk mail,” “spam,” chain letters, “pyramid schemes,” or any other unauthorized or prohibited forms of solicitation.
  8. Not use automated scripts or engage in activities such as “screen scraping” or “database scraping” to extract data or information from the Website or Services without our prior consent.
  9. Not impersonate another person or misrepresent your identity or affiliation.
  10. Not select or use offensive, obscene, or inappropriate usernames that violate public norms of decency and propriety.
  11. Use secure and reliable internet connections and devices to ensure the security and smooth operation of the Website and/or Services.
  12. Not bypass or attempt to bypass any security measures implemented on the Website.
  13. Keep your account secure, including maintaining the confidentiality of unique account details such as passwords, and take full responsibility for any use of your account by others.
  14. Prevent third parties from engaging in activities prohibited by the Terms and Conditions or Privacy Policy.

We reserve the right to disable your account at any time if, in our view, you fail to comply with any provisions of the Agreement.

OUR RELATIONSHIP WITH YOU

Regarding the Services, we act solely as a provider of the Services and are not a party to the sale or purchase of any Products listed on the Website. The agreement regarding the Products is strictly between the Merchant/Authorized Retailer and the Buyer. Therefore, we are not liable for any losses arising from your agreements with Buyers and/or Merchants/Authorized Retailers.

Nothing in these Terms and Conditions creates or implies a partnership, agency, or employer-employee relationship between you and us.

Nothing in this Agreement authorizes or grants any Party the right to act as an employee, associate, agent, or authorized representative of the other Party for any purpose. No Party has the authority to bind the other Party except as explicitly stated in this Agreement.

We are not responsible for determining the prices of the Products listed on the Website, nor do we act as an auctioneer for the Products marketed on the Website.

PRODUCT PRICING

Buyers understand that errors in pricing or other information caused by outdated pages on the Website, due to the Buyer's browser or ISP, are the responsibility of the Buyer.

Our Services currently operate in Singapore Dollar (SGD) for users under Singaporean jurisdiction or other applicable currencies for users under foreign jurisdictions as determined by prevailing laws.

We collaborate with trusted banking/payment service providers to offer various payment methods on the Website. You may select any payment method provided, subject to convenience and preference, with all transaction fees borne by you.

By using the payment methods provided, you agree to the terms and conditions set by the respective service providers. If your chosen payment method fails or is otherwise not accepted or processed, we reserve the right to cancel your Order without any liability on our part.

If payment is not completed within the specified time, we reserve the right to consider the transaction canceled by you.

The price payable by the Buyer is the price displayed at the time of payment for the Product on the Website. Product prices listed on the Website are subject to changes at the discretion of the Merchant/Authorized Retailer. Any changes will be reflected on the relevant Product offer page per the terms of the Website.

BUYER MEMBERSHIP

To use the Services and place Orders, you must register with us by creating an Account as a Buyer on the Website. Registration is required to ensure smooth access to and use of the Services through our Website.

When using the Website and/or Services, you are required to provide accurate, complete, and truthful information about yourself. You must also ensure that the information is updated as needed. If you wish to amend the registered information, you may contact us at [*].

Upon completing the registration process for User membership, you will receive a password and Buyer account. You are responsible for maintaining the confidentiality of your password and account and assume full responsibility for all activities conducted under your password or Account.

You agree to:

  1. Promptly notify us of any unauthorized use of your password or account or any other security breaches; and
  2. Ensure that you log out of your account at the end of each session.

If you already have an Account for using the Website and/or Services, you may delete your Account at any time and cease using our Services.

You must not misuse the Website and/or Services by operating multiple Accounts.

You are not permitted to sell, attempt to sell, offer to sell, transfer, assign, or otherwise dispose of your Account, identity, or password to any third party without our prior written consent. We may suspend or terminate your Account or the Account of any party receiving an unauthorized transfer, sale, or assignment of your Account in violation of these provisions. If we are unable to identify such violations, all consequences and risks remain your responsibility.

As a registered Buyer, you agree to adhere to the procedures applicable to transactions conducted via the Website or Services.

Except for Products marketed and sold by Authorized Retailers on the Website, you agree that Products marketed on the Website are pre-owned and not sold by official distributors or license holders. You purchase such Products at your own risk and release us from any claims, losses, or damages arising from your purchase.

MERCHANT AND AUTHORIZED RETAILER MEMBERSHIP

To market Products through our Services, you must register with us by creating an Account as a Merchant or Authorized Retailer on the Website. Registration is required to ensure smooth access to and use of our Services.

If you are registering as a Merchant/Authorized Retailer on behalf of a company, we may request certain documents necessary for your registration.

To register as a Merchant/Authorized Retailer, you must submit the required documentation and information within the specified timeframe using the methods determined by us. Failure to complete the requirements may result in restrictions on your ability to log in to the Website, use Services, register Products, or access other services provided by us.

As part of the Services for Merchants, we will charge a Service Fee, which includes applicable taxes. If the Service Fee does not include taxes, we will inform Users accordingly.

Merchants/Authorized Retailers must directly manage and update all information related to the Products they offer. Product prices are determined by Merchants and Authorized Retailers, factoring in shipping costs, Service Fees, and reasonable margins.

The Service Fees paid to us by Merchants are non-refundable.

MERCHANT AND AUTHORIZED RETAILER OBLIGATIONS

Merchants/Authorized Retailers are responsible for managing all aspects of their Product listings on the Website, including capacity, stock levels, and accurate information. They are prohibited from providing false, fabricated, or inaccurate data. Merchants/Authorized Retailers must comply with all applicable laws and regulations in their use of the Services.

Merchants/Authorized Retailers are prohibited from using the Website, logo, or content without prior written permission from us. They may not engage in or encourage direct sales of Products to Buyers outside of the Website. Violating this provision may result in the termination of their membership and a ban from using our Services.

Merchants/Authorized Retailers must provide adequate warranty services for the Products they sell at their own expense.

Merchants/Authorized Retailers must respond to requests for tax invoices or other documentation from Buyers.

Merchants/Authorized Retailers must respond to Buyer inquiries honestly, accurately, and in good faith. Any damages arising from dishonest, inaccurate, or bad-faith responses are the sole responsibility of the Merchant/Authorized Retailer.

When marketing and selling through Flecto, Merchants/Authorized Retailers must comply with applicable laws, community norms, and intellectual property rights. Any losses, claims, lawsuits, or demands arising from failure to meet these obligations are the sole responsibility of the Merchant/Authorized Retailer, and they agree to indemnify us against such claims.

Merchants must ensure that Products marketed and sold on the Website are pre-owned and that this information is clearly stated on their Merchant page.

Merchants must ensure that their marketing and sales activities do not violate the rights of license holders or authorized distributors. Any claims or damages arising from such violations are the responsibility of the Merchant, and the Merchant indemnifies us from such claims.

For Products covered by manufacturer warranties, Authorized Retailers must ensure that Buyers receive the necessary rights related to these warranties, in line with their obligations and authority from the manufacturer.

Merchants/Authorized Retailers must ensure that the Products they sell are lawfully owned by them or that they have the legal right to sell such Products. They guarantee that all Products are free from encumbrances, including liens, and are not derived from unlawful activities.

ORDERING AND REFUND

Ordering Process

To place an order, Buyers will be required to follow the process outlined on the Website. After this, Buyers will be directed to the Website links to complete the ordering process.

Upon completing the ordering process, if requested, Buyers must upload proof of payment on the Website.

You agree to grant us permission to use the Buyer's payment information to verify data authenticity to prevent misuse and fraud.

Order Errors

If a Buyer discovers an error in their order after submitting it on the Website, please contact us immediately at [*]. We will make every effort to process your request, provided the order has not yet been shipped or executed. Order cancellations in this case are at our discretion, and we may decline the Buyer's request at our discretion.

Order Rejection

We will make our best effort to process all orders. However, we reserve the right to reject any order at our discretion. Merchants/Authorized Retailers may only reject orders for valid reasons, such as out-of-stock Products or other justifiable circumstances.

Order Cancellation

Buyers may cancel orders as long as the Products have not yet entered the shipping process, provided the cancellation complies with the terms set by us.

Refund

If we are required to process a refund for any reason related to your transaction on the Website, we will contact you promptly using available communication methods (email or phone). We will request your confirmation and any necessary information to process the refund. Refunds will either be credited to your registered and verified account for future transactions or transferred to the bank account you have provided.

If you cannot be reached or fail to respond to us within seven (7) calendar days, we will not be responsible for delays in the refund process. As a result, we will not be liable for penalties, interest payments, or any other sanctions associated with the delayed refund process.

You fully understand that the refund process depends on the payment method you used when completing the transaction on the Website.

We reserve the right to withhold your refund if we suspect or identify any indication of criminal activity or unlawful behavior related to the transaction.

No Responsibility

We will not be liable to anyone for any reason related to us and/or the Merchant/Authorized Retailer withdrawing any Products from the Website, whether sold or unsold, deleting or editing materials or content on the Website, or refusing to process or accept an order.

Insurance Fees

You agree that insurance fees paid for shipping Products are non-refundable.

PRODUCT DELIVERY

We can only ship Products after confirming and receiving payment from you in the correct amount as per the transaction value.

Product delivery is carried out by courier/shipping service providers appointed by us or as stipulated in the Website. We are not responsible for any failure and/or delay by the courier in delivering the Products to Users.

All complaints regarding delivery are the responsibility of the courier service provider in collaboration with us. We will endeavor to facilitate communication between you and the courier service provider working with us. In this regard, you agree to release us from all claims and losses incurred by you related to the Product delivery process.

NO REPRESENTATIONS AND WARRANTIES

Without limiting the representations and warranties provided in these Terms and Conditions, the following applies:

  1. No terms have been or will be created to imply any warranty regarding the duration of use, wear and tear, or quality of the Products.
  2. We do not provide absolute guarantees for the quality, condition, or suitability of the Products.
  3. We will not be responsible for any defects arising from improper use, incorrect installation or assembly by the Buyer or third parties, normal wear and tear, intentional damage, negligence, inappropriate use, improper handling, improper maintenance, excessive load, unsuitable replacement materials, failure or negligence by the Buyer or third parties to follow our instructions or Product descriptions/manuals (whether oral or written), misuse, modification, or repair of the Products.
  4. We are not responsible for and do not provide any guarantees or warranties regarding the content of the Website, including whether the Website will always be accessible or whether your data on the Website is accurate.
  5. We strive to keep our Services safe, convenient, and functional, but we cannot guarantee that our Services and operations will always be flawless. Information and data on the Website may not always occur in real time.
  6. You agree that you use our Services and access the Website at your own risk. Our Services and the features of the Website are provided "as is" and "as available."
  7. We do not guarantee the absence of third-party actions that may misuse Buyer content through our Services, Website. However, we will make every effort to maintain the reliability and security of the Website and Services.
  8. We are not responsible for the truth, accuracy, or completeness of the information provided by Users.
  9. We are not responsible for the truth or accuracy of any statement, guarantee, or provision made by Users or any matters relating to the creation, validity, authenticity, enforceability, or performance of the Buyer's statements and guarantees.
  10. We are not responsible for or guarantee the fulfillment of obligations by other parties besides us, including the obligations of Users.
  11. If we provide authentication services for a Product, we confirm that we do not provide advice, recommendations, or solicitations to buy or sell and do not issue any statements or guarantees for the Product. The information we provide on the Website cannot be considered as advice or recommendations for buying or selling a Product. You are encouraged to seek professional third-party opinions regarding your plans to buy or sell a Product.
  12. For certain Products not supported by ownership documents or other paperwork showing the Product's manufacturing date, Buyers agree that any date displayed on the Flecto Platform Services is merely an estimate, and we do not guarantee the accuracy of the date shown on the Flecto Platform Services.
  13. We cannot be held responsible for Products that are later found to have originated from activities contrary to the law or purchased with funds from unlawful activities.
  14. We cannot be held responsible for Products purchased that are later found to be used for illegal purposes, contrary to the law, or in violation of third-party rights.

INTELLECTUAL PROPERTY RIGHTS

Copyrights, patents, trademarks, registered designs, and all intellectual property rights on the Website Services, and Content, including but not limited to the copyrights within all Content, are owned by and remain the property of Us.

You are obligated to guarantee, perform, and ensure that all data, content, and other intellectual property rights provided by You for the purposes of this Agreement do not and will not violate any intellectual property rights of any party.

Flecto [*], graphics, logos, designs, page headers, icons, scripts, and service names owned by Us (collectively referred to as the "Brand") displayed on the Website are assets of Ours and are explicitly protected by Us or relevant third parties. Your access to and/or use of the Website Content, and Services cannot be considered a grant of license or rights to use any trademarks found on the Website without prior written approval from Us or relevant third parties.

You are not permitted to use any Brand without prior approval from Us or those third parties. We aggressively enforce our intellectual property rights to the fullest extent permitted by law. The name Flecto and other Brands may not be used in any manner, including in advertisements, publicity, or as hyperlinks, without prior written approval from Us.

The domain name where the Website reside is solely owned by Us, and You may not use or adopt a similar name for Your use.

Provided You are entitled to use the Websit, You are granted a limited license to access and use the Website and to download or print copies of any part of the Content solely for Your personal use in connection with Your use of the Website, Content, or Services, provided that You retain all copyright or other proprietary notices. Our status (and that of any identified contributors) as authors of content on the Website must always be acknowledged. However, You may not alter any paper or digital copies of materials You print or download in any way, nor may You use any illustrations, photographs, video, audio sequences, or graphics separately from any accompanying text.

This license may be revoked by Us at any time without notice or reason. Any use of the Website or Content without prior written consent from Us, other than what is specifically authorized under these Terms and Conditions, is strictly prohibited and will result in the termination of the license granted under these Terms and Conditions. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws, and may result in legal action against You.

If You use the Brand, this Website Content, and Services in violation of the Agreement and/or applicable laws and regulations, Your rights to use Our Brand, this Website and Services will be immediately terminated. You must, at Our discretion, return or destroy any copies of materials You have made.

Our Content and trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

YOUR CONTENT AND INFORMATION

You retain ownership of all content and information that You submit on the Website and Services unless You explicitly state that You are transferring such content and information to Us. The terms governing Your content and information are as follows:

  1. With respect to content and information subject to intellectual property rights, You hereby grant Us a non-exclusive, transferable, sublicensable, royalty-free, and global license to use the content and information You submit through Flecto (the “IP License”). This IP License will end when You delete the content, information, or Your account unless the content has been shared with others who have not deleted it.
  2. Even after deletion, You understand that the deleted content and information may remain in backup copies for a period of time (but will not be accessible to others).
  3. If You set Your account to "public" (as applicable), You permit all individuals, including those outside of Flecto, to access and use such content and information and associate it with You. This is beyond Our control, and We are not responsible for any losses You may experience as a result.
  4. You are the sole author, owner, or controller of all rights to Your content or have been granted explicit permission from the rights holder to submit Your content. Your content is not copied or derived, in whole or in part, from any other content, work, or website. Your content is not submitted using automated processes such as bot scripts. The use of Your content by Us, third-party services, and their third-party users will not infringe or violate Your rights or the rights of third parties.
  5. You guarantee that the content and information You submit on the Website and Our Services comply with applicable laws and regulations.
  6. You bear all risks associated with Your content, including reliance by others on its quality, accuracy, or reliability, or any disclosure by You within the content that makes You personally identifiable. While We reserve the right to remove content, We do not control the actions or content posted by Our users and do not guarantee the accuracy, integrity, or quality of any content. You acknowledge and agree that content posted by users, along with any obligations arising from that content, is the sole responsibility of the user posting it, and not Ours.
  7. We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that We believe, for any or no reason, violates the Terms and Conditions or harms Our Website or Services.

PROMOTIONS

You understand that We may periodically conduct promotional activities ("Promotions") with specific and varying terms for each Promotion. You are encouraged to carefully read the terms of any ongoing Promotions.

If there is any suspicion or evidence of fraud or violations committed by You that harm Us in connection with a Promotion, We reserve the right to take necessary actions, including but not limited to canceling orders, deactivating accounts, withdrawing Promotions, and more.

USE OF PERSONAL DATA

You are required to read Our Privacy Policy when using the Website and Our Services, which provides a detailed explanation of Our data usage and privacy practices. You are advised not to submit any Personal Data or other data without first reading Our Privacy Policy. Our Privacy Policy is an integral part of these Terms and Conditions. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Services are hosted in Singapore. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Services, you are transferring your data to Singapore, and you expressly consent to have your data transferred to and processed in Singapore.

ACCESS TO OUR WEBSITE

Our Website can be accessed free of charge. We do not guarantee that our Website and Services will always be available or uninterrupted. We are not responsible if our Website and Services become unavailable at any time or for any period.

You are responsible for making the arrangements necessary for You to access our Website and Services. You are also responsible for ensuring that any person who accesses our Website and Services through Your internet connection is aware of these Terms and Conditions, Privacy Policy, and other applicable provisions and agrees to comply with them.

We do not guarantee that the content available through our Website is sufficient or accessible in regions outside Singapore. We may limit access to our Website and Services to certain individuals or regions. If You access our Website and Services from outside Singapore, You acknowledge that You do so at Your own risk.

VIRUSES

We do not guarantee that our Website are free from viruses or damage. You are responsible for configuring Your information technology, computer programs, and platforms in order to access our Website. You should use Your own antivirus software.

MISUSE OF SERVICES AND WEBSITE

You must not misuse the Services and Website for any reason. You shall not engage in or support criminal activities, transmit, or distribute viruses, including Trojan horses, worms, logic bombs, or harmful material to the Website; harmful technology; breaches of trust; or any offensive or harassing actions. Furthermore, You must not damage data, disrupt other users, infringe upon others' decency, send unsolicited advertisements or promotional materials, or attempt to impair the performance or functionality of any computer facilities or access to the entire Website.

If such violations occur, We will report them to the appropriate law enforcement authorities, and appropriate legal action will be taken. Comprehensive records of Your transactions and interactions will be stored for a period determined by law to aid in the investigation of misuse of the Services, Website.

THIRD-PARTY WEBSITES

Our Website may occasionally be linked to other websites. Such links are beyond our control and responsibility. We make no guarantees regarding the content or availability of linked sites that are not operated by Us. The links on our Website are provided solely for Your convenience and do not indicate endorsement or approval of the linked sites. You should always refer to the terms and conditions of those sites before using them and direct any questions or comments to the site provider.

You are not permitted (nor may You assist others) to link from Your website to our Website (in any manner) without prior written consent, which We may grant or deny at our discretion. You are not allowed to create direct links (hotlinks) to content or images without prior written consent from Us.

CHANGES TO WEBSITE CONTENT

We may modify the Website and its content from time to time. Please note that content on our Website may become outdated, and We are under no obligation to update such content.

We do not guarantee that the content on our Website is free from errors or omissions.

USE OF COOKIES

This Website use cookies, which You must consent to in order to enjoy the full functionality of the Website. Cookies are files used by our servers to identify Your computer. The cookies We use will record which parts of this Website You visit and for how long. You have the right to refuse the use of cookies by configuring Your web browser. However, such configuration may impair certain functionalities of the Website. For more information about cookie usage, please refer to our Privacy Policy.

YOUR ACCOUNT AND PASSWORD

If You choose or are provided with a unique code, password, or other information in connection with our security procedures, You must treat such information as confidential and exercise caution. You may not disclose this information to third parties.

We reserve the right to disable any Account, unique code, or password, whether chosen by You or assigned by Us, at any time if, in our view, You have failed to comply with these Terms and Conditions.

We reserve the right to disable Your Account if it becomes inactive for a certain period of time from the last time it was active without prior notice to You.

If You become aware of or suspect that a third party knows Your unique code or password, You must notify and contact Us.

UPLOADING CONTENT TO OUR WEBSITE AND SERVICES

If there are features on our Website that allow You to upload content to our Website, such content must comply with these Terms and Conditions and applicable laws and regulations. You warrant that if the content does not meet the specified conditions, You are responsible for it and must indemnify Us against any violations.

Content You upload to our Website will be deemed non-confidential and not proprietary. You retain ownership of such content; however, You grant Us a limited license to use, store, and copy that content and distribute it to third parties.

We also reserve the right to disclose Your identity to third parties who claim that content You upload to our Website infringes their intellectual property rights or privacy.

We are not responsible for or obligated to compensate third parties for the accuracy of content uploaded by You or others to our Website.

We reserve the right to remove any uploads or content posted by You on our Website if, in our view, such uploads or content do not comply with these Terms and Conditions or applicable laws and regulations.

SPECIFIC PROVISIONS FOR USERS OUTSIDE SINGAPORE

We understand that our Website and Services may be accessed by users outside Singapore. Therefore, You agree that Your personal data will be transferred to and processed in Singapore, and You remain subject to our Terms and Conditions and Privacy Policy.

THIRD-PARTY RIGHTS

Except as explicitly stated in these Terms and Conditions or other agreements between Us and You, or as stipulated by applicable laws and regulations, any person or entity not a party to the Agreement has no rights under any applicable law to enforce any provision of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class, or in a particular description.

LIMITATION OF LIABILITY AND INDEMNITY

In providing the Website, and Services, We strive and are committed to adhering to applicable laws and regulations.

We are not responsible for any loss arising from Your failure to fulfill or negligence in implementing the provisions of agreements and/or engagements between You and third parties.

Without prejudice to other provisions of the Agreement, We are not responsible for any loss related to:

  1. The unavailability of access to and from the Website and Services, or Content for any reason;
  2. Changes, modifications, deletions, additions, or termination of our Website, Services, Content, Terms and Conditions, and Privacy Policy;
  3. System, network, server, or connection performance failures causing unavailability of our Website and Services, whether intentional, unintentional, or caused by third parties beyond our control;
  4. Inadequacy, deficiencies, imperfections, suitability, inaccuracies, errors, incompleteness, and mistakes in the Website, Services, and Content;
  5. Loss of profits, opportunities, or data arising from Your use of the Website, Content, and Services;
  6. Adverse impacts You experience from accessing our Website and Services, including but not limited to lost profits, business interruptions, or business opportunities;
  7. Losses arising due to Force Majeure; and
  8. Any breach of waiver provisions in the Agreement, including the Terms and Conditions and Privacy Policy, required by applicable laws, regulatory orders, or court decisions.

You agree to indemnify and hold Us harmless against all claims, liabilities (including statutory liabilities and liabilities to third parties), costs, expenses, fines, fees (including but not limited to legal fees on a full indemnity basis), damages, judgments, and/or losses suffered or incurred by Us, including potential or actual lost profits and opportunities, arising from:

  • Your breach of the Agreement, Terms and Conditions, Privacy Policy, and applicable laws;
  • Breach of representations and warranties as stated above;
  • Actions by third parties using Your account that result in losses to Us and/or others;
  • Your negligence causing losses to third parties.

We are not liable for special, indirect, incidental, or consequential damages, including but not limited to losses from use, loss of business, revenue, profits, savings, or intangible assets arising in connection with these Terms and Conditions, Products, Website and/or Services, whether or not such losses were reasonably foreseeable.

Our maximum aggregate liability for all losses and claims under or in connection with the Agreement, Website, Services, or their subject matter, whether based on contract breach, tort (including negligence), equity, statute, or otherwise, is limited to the amount You paid or the amount paid by Us to You in the last six (6) months.

TERMINATION

We may unilaterally deactivate and close Your Account, including deleting all Your information, data, and content, either temporarily or permanently, without prior notice if We deem it necessary.

Termination as referred to in this clause does not eliminate Your obligation to pay compensation as stipulated in these Terms and Conditions and the Privacy Policy.

SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid or unenforceable in whole or in part under any law or regulation, such term or provision shall, to that extent, be deemed not to be part of these Terms and Conditions, and the validity of the remaining terms and provisions shall not be affected. Our failure to enforce or exercise any right or provision under these Terms and Conditions does not constitute a waiver of that right or provision in that or any other circumstance.

ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Us and replace all prior or contemporaneous agreements. Any waiver of these Terms and Conditions will only be effective if it is in writing and signed by Our authorized representative.

You acknowledge that, in entering into this Agreement, neither You nor We rely on any representation, undertaking, or promise given by the other or implied from any words or writing prior to the Agreement unless expressly stated in the Agreement.

GOVERNING LAW

These Terms and Conditions shall be governed by and defined following the laws of Singapore. Flecto and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve any Dispute through informal negotiations, you agree to irrevocably submit all Disputes related to these Terms and Conditions or the legal relationship established by these Terms and Conditions to the jurisdiction of the Singapore courts. Flecto retains the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.

FORCE MAJEURE

Force Majeure refers to events beyond Our reasonable control and ability that result in delayed fulfillment of obligations under these Terms and Conditions. Such events include natural disasters such as earthquakes, hurricanes, floods, volcanic eruptions, epidemics, fires, mass strikes, war, riots, revolutions, economic, political, or social chaos, unconstitutional governmental changes, amendments to laws, and changes in government economic and monetary policies directly affecting Us.

We are not liable for delays in fulfilling obligations under this Agreement caused by Force Majeure.

You agree not to claim any rights concerning the non-fulfillment of Our obligations under this Agreement due to Force Majeure.