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Terms & Conditions |
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Thank
you for shopping at this Software Exchange
(Singapore) Pte Ltd ("Software Exchange")
web site ("Site"). Your
activities and acquisitions at the Site
are governed by the Terms
& Conditions which are
set forth below, and the conditions, notices
and consents that are provided or obtained
in connection with the Site (collectively,
"Agreement"). As used in the Agreement
"you" are an individual acting
on your own behalf, or "you" are
an agent of a person or entity that has
authorized you to act on that person's or
entity's behalf.
By
using the Site or by placing an order through
it, you agree as follows:
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TABLE OF CONTENTS
| 1. |
Licenses
and Refunds
Software offered on the Site
is licensed, not sold. All ownership,
title and intellectual property rights
in and to the software (if any), accompanying
your order, including any associated
media and any documentation or printed
materials are owned by the respective
manufacturers or its suppliers. All
orders are subject to your consent
to any applicable license that is
delivered
with or included in the item. If you
do not agree to the license terms
once
you see them, you may return the item
within thirty (30) days of the date
your order is delivered. To return
an item, contact Software Exchange
and
send the uncopied, undamaged software,
all documentation and proof of purchase.
Software Exchange shall issue
you an immediate refund of the cost
of
the
returned
item, minus all delivery, shipping
and/or handling charges. For purchases
using credit
cards, any refunds will be processed
through the respective credit card
companies.
If you
use the software or take any other
action that is described in the packaging
or the software as constituting your
consent to or agreement with the
license,
then that conduct will constitute
your agreement and you may not be
eligible for a refund unless otherwise
allowed in the documentation accompanying
your software. The refund described
above is intended to allow you to
return software if the license terms
are not acceptable to you and you
did not have an opportunity to review
the full license before you paid
for
the item. Software Exchange also
allows refunds if you are not satisfied
with
the condition of an item - please
contact Software Exchange.
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| 2. |
Warranties
and Warranty Disclaimer Regarding Items
You Acquire
For
software, any limited warranty will
be found or referenced in the license.
Not all software comes with a warranty.
Any limited warranty does not include
any statements made on packaging or
in manuals and other documentation
- you agree that those are provided
and will be accepted by you for informational
or instructional purposes only and
not as warranties. Unless you are
provided a limited warranty that applies
to the particular item you have obtained,
all items are supplied AS IS and with
all faults, to the full extent allowed
by applicable law. Also, Software
Exchange does not provide any warranty
of title, or any warranty against
interference with your enjoyment of
the item or against infringement.
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| 3. |
License
to Use the Site
We
hereby grant you the right to view
and use the Site solely for the purpose
of shopping in accordance with the
Agreement. You may download and print
copies of these Terms & Conditions,
and of screens from this Site for
the purpose of retaining records of
your transactions at the Site. Subject
to applicable law, Software Exchange
reserves the right to suspend or deny,
in its sole discretion, your access
to all or any portion of the Site
with or without notice.
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| 4. |
Your
Representations and Warranties
You
represent and warrant for the benefit
of Software Exchange that: (a) you
are at least 18 years of age; (b)
you possess the legal right and ability
to enter into this Agreement and make
the credit card charge (when such
facilities are available) on your
own behalf or on behalf of any person
for whom you are acting as agent and/or
that you are authorized to use the
password required for this Site; and
(c) all information that you submit
to us is true, accurate and current.
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| 5. |
Electronic
Communications, Notices
Shopping at
the Site is conducted electronically
and you agree that we can communicate
with you electronically. For example,
we may send you email asking about
your experience with Software Exchange,
email notices and other disclosures
about your orders. However, since
email delivery is not infallible,
you also agree to contact Software
Exchange for order information such
as order status or shipping delays.
You agree to keep all records relating
to your order, including, where possible,
printing a copy of your order confirmation
page. To the extent allowed by law,
you agree that the above replaces
and satisfies any law that provides
for different methods or timing for
your receipt of notices relating to
your transaction. Software Exchange
also reserves the right to deliver
notices and disclosures by other means
such as postal mail, and to receive
notices in writing when that method
is specified elsewhere in this Agreement.
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| 6. |
Submission
of Comments, Ideas and Other Information
Any comments
or information that you provide to
Software Exchange, for example feedback
or ideas in response to a customer
survey regarding the Site, suggestions,
ideas, concepts, or other information
(collectively, the "Submissions"),
shall be deemed, and shall remain,
the property of Software Exchange.
None of the Submissions shall be subject
to any obligation of confidence on
the part of Software Exchange, and
Software Exchange shall not be liable
for any use or disclosure (including
publication in any medium) of any
Submissions. Without limitation of
the foregoing, Software Exchange shall
exclusively own all now known or hereafter
existing rights to the Submissions
of every kind and nature and shall
be entitled to unrestricted use of
the Submissions for any purpose, commercial
or otherwise, without compensation
to the provider of the Submissions.
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| 7. |
Goods
and Services Tax
Unless otherwise
stated, all price offers on the
Site
are subject to the Goods and Services
Tax ("GST") of Singapore.
The prevailing rate is 5%. GST
does
not apply if the item is to be shipped
to countries outside Singapore.
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| 8. |
Promotions
No promotion
(e.g. special price discount) is offered
by Software Exchange unless the promotion
explicitly so states. You agree that
the manufacturers on the Site are
solely liable for their respective
promotions and that Software Exchange
is not liable. You also agree to comply
with all terms of a promotion. Note:
some promotions will be subject to
quantity and other restrictions, including
without limitation, time limits that
could expire during your visit to
the Site. Software Exchange reserves
the right to withdraw or refuse to
honor any promotion that has been
altered or modified - other than by
Software Exchange.
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| 9. |
Order
Availability, Shipping and Cancellation
All
items ordered from Software Exchange
are subject to availability. We reserve
the right to reject any and all orders.
If payment is collected, it shall
be refunded to you. Software Exchange
shall not be liable for any claims
and disputes arising out of or relating
to this order. Subject to applicable
law, Software Exchange reserves the
right to deliver items acquired as
part of your order at different times
in the event that they are not available
for shipment at the same time. Software
Exchange also reserves the right to
limit the quantity of any items that
may be obtained by you through this
Site.
All orders placed
through this Site are shipment contracts,
not destination contracts. If you
would like your item(s) delivered
at a particular location, you will
be responsible for the shipping charges.
Shipping and handling charges may
or may not reflect actual costs and
may be amended by Software Exchange
from time to time.
Unless otherwise stated, you may cancel
all or any part of your order before
it is shipped. A cancellation fee of
15% of the value of your order may
be levied. You may not
cancel after shipment, but may return
any item that qualifies for return
under any applicable return policy.
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| 10. |
Payment
and Pricing
By submitting
your order for processing, you authorize
us to charge your order (including
applicable taxes, shipping, handling
and any amounts described on the Site
before order submission) to you and
collect them upon delivery, or to
your card (when such facilities are
available). If your card cannot be
verified, is invalid, or is not otherwise
acceptable, your order may be suspended
or cancelled automatically. You must
resolve any problem before proceeding
with your order.
All prices and
availability of products are subject
to change without notice. Taxes may
be adjusted from the amount shown
on the billing screens. Several factors
may cause this, such as variances
between processor programs and changes
in tax rates.
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| 11. |
Changes
to Terms and Conditions
This Site is
like a store: every time a customer
enters a store the customer is bound
by the rules in effect on the date
of the customer's visit. Similarly,
at this Site, you are bound by the
version of this Agreement that is
in effect on the date of your visit
or order. The terms of this Agreement
may change from time to time so please
review it.
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| 12. |
Miscellaneous,
Entire Agreement
If any part
of this Agreement is determined to
be invalid or unenforceable, then
the invalid or unenforceable provision
will be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original
provision, and the remainder of the
Agreement shall continue in effect.
The Agreement (including any related
consents or agreements that you provide
during your visit to the Site) together
with any license or agreement with
Software Exchange delivered in connection
with any item acquired via the Site,
constitutes the entire agreement between
you and Software Exchange with respect
to the Site and that item, and supersedes
all other (prior or contemporaneous)
communications and proposals, whether
electronic, oral or written, between
you and Software Exchange regarding
the Site and/or any order you place
through it.
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