TERMS OF SERVICE
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OVERVIEW
This website is operated by Caramel Monster Pte. Ltd., Company Registration No. 202304627N.
Throughout the site, the terms “we”, “us” and “our” refer to Caramel Monster Pte. Ltd. Caramel Monster Pte. Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing any products through our site (collectively, the “Service”), you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, the “Terms of Service”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Before accessing or using our website, you must read and accept all of the terms and conditions in these Terms of Service. By accessing or using any part of the site or placing an order through our site, you are agreeing to be bound by all of the Terms of Service. If you do not agree to all the terms and conditions of the Terms of Service, do not access the website or place any order.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to amend any part of these Terms of Service without prior notice It is your responsibility to check this page regularly to take notice of any changes we may have made to the Terms of Service. Your continued use of or access to the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopcada Ecommerce (Webcada Pte. Ltd.) They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of 18 or the age of majority in your state or province of residence. You represent that you are legally eligible to enter into binding contracts and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not to make any false or fraudulent orders through our website. If we reasonably consider an order of this type to be placed, we shall be authorised to cancel such orders and inform the competent authorities.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, at our sole discretion. While we make our best efforts to process orders, we will not be liable to you by reason of refusing to process an order after we have sent you an order of confirmation.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will be encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service for any commercial purpose without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We do not warrant the accuracy and security of material on our site and any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time at our sole discretion.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – TERMS OF SALE
Description of Products: Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We attempt to display as accurately as possible the colours and images of our products that appear on the website. However, we do not warrant that our product descriptions will be accurate, complete, reliable or error-free. The colours you see will depend on your device and we cannot guarantee that your device will accurately display such colours and images.
An item’s measurements on our website are only approximate values to give you a better understanding of the model or fit of that specific item. We do not warrant that such measurements will be a definite guarantee of the actual measurements of the item you will receive. The final measurements of an item may vary depending on the material used in its production.
Our Provision of the Service: We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or remove any product from our website at any time in our sole discretion. Any offer for any product or service made on our website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All orders for our products are subject to availability and confirmation of the order price. By placing an order, you are offering to purchase a product subject to the Terms of Service. We reserve the right to refuse or cancel your order at any time for various reasons, such as product availability, pricing or description errors, order errors, or unforeseen circumstances.
Please refer to our Delivery policy under our Order and Delivery page and our Returns policy under the Return and Exchanges page for further information.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
For more details, please review our Returns Policy under Return and Exchanges page.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use or reliance by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). We make no warranties or representations regarding the functionality of such tools and such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time in our sole discretion and without prior notice (including after you have submitted your order).
Minor variations in product descriptions are not considered an error, inaccuracy or an omission. We have the right but undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) disrupt or create an undue burden on our website or interfere with our Service; (m) to include personal information of another person unless you have their consent; and (n) create multiple customer accounts with us for a fraudulent purpose.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that our website will always be available and accessible, or that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided on an 'as is' and 'as available' basis, and we do not make any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable or satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including without limitation warranties of merchantability, merchantable or satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of our Service, website or any electronic communications sent by us will be free of viruses, trojan, malware or any other malicious code at all times. You agree that we shall not be held liable for any damage or harm resulting from a denial-of-service attack, distributed denial-of-service attack, virus, trojan, malware or any other malicious code that may affect your computer equipment from our website or from websites which our site may redirect you to. To the maximum extent permitted by law, you agree and acknowledge that the entire risk arising out of your use of our Service remains with you, and we will not be liable for any damages arising from your use of our Service or any materials or products (including software) made available to you through it.
In no case shall Caramel Monster Pte. Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Caramel Monster Pte. Ltd. and each of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, suffered or incurred by them arising (in whole or part) out of: (a) your breach of or failure to comply with these Terms of Service or the documents they incorporate by reference, (b) your violation of any law or statutory requirements; (c) your violation of any rights of a third party; and (d) your access and use of the Service.
SECTION 15 – TROJAN, VIRUSES AND COMPUTER ATTACKS
You must not make undue use of this website by transmitting any worms or viruses or any code of a destructive nature.
You must not use or upload any software that contains any malware, viruses, malicious code or harmful components which may impair or corrupt with our website’s data or interfere with the operation of another customer’s use of our Service. You must not attempt any attack of denial of service (DoS) or an attack of distributed denial of service (DoS) on our website.
Failure to comply with this section may be considered an infringement of the applicable laws and we reserve the right to report any failure to comply with this section to the relevant authorities. Where required, we will collaborate with the authorities to determine the identity of the hacker.
SECTION 16 – INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, and any other intellectual property rights on all materials found on our website belong to us or our licensors. Such material includes without limitation the text, graphics logo, design and products found on our website.
You shall not use any of these materials, which includes without limitation copying, reproducing, modifying or distributing them, without express written permission given by us our licensors or otherwise as permitted by law. You are solely responsible for obtaining such permission before dealing with any such materials on our website.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other provision or part thereof.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement or any orders made by you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
For the avoidance of doubt, termination of the Terms of Service under this section do not preclude us from any of rights and remedies that we are entitled to under these Terms of Service, nor release you from liability where you breach the Terms of Service.
SECTION 19 – RIGHTS OF THIRD PARTIES
Nothing in these Terms of Service is intended to grant to any third party any right to enforce any term of the Terms of Service or to confer on any third party any benefits under these Terms of Service for the purposes of the Contracts (Rights of Third Parties) Act 2001 of Singapore and any re-enactment thereof, the application of which legislation is hereby expressly excluded.
SECTION 20 – NO WAIVER
Our failure to enforce these Terms of Service shall not operate as a waiver of these terms, nor will any single or partial exercise of any terms hereunder preclude any other or further right later to enforce these Terms of Service. We would still be entitled to use our rights and remedies provided under these Terms of Service in any situation where you breach these Terms of Service.
Our failure to exercise any rights or remedies does not constitute a waiver of those rights or remedies and you will still be bound by your obligations under the Terms of Service. In the event that we wish to waive any terms or rights under these Terms of Service, we will communicate such waiver to you in writing.
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any additional terms and conditions and policies referenced herein shall be governed by and construed in accordance with the laws of SINGAPORE.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at love@caramelmonster.com.