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Terms of Use

IMPORTANT: READ CAREFULLY BEFORE USING THIS SERVICE

TERMS AND CONDITIONS OF USE

Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through coldwear.com.sg. By accessing coldwear.com.sg, you agree to accept, without limitation or qualification, all of these terms and conditions of use.

If you do not accept these Terms and Conditions of Use, please exit coldwear.com.sg immediately.

OWNERSHIP

This Website (the "Website") is operated by Cold Wear Pte Ltd., a company incorporated in ("CW" "us" or "we") Singapore.  The Website offers information on the products and services provided by Cold Wear Pte. Ltd. The access and use of the Site is subject to specific terms and conditions set forth on the individual pages within the Site and these Terms and Conditions of Use (collectively, the "Terms" and all applicable laws and regulations, including laws and regulations governing copyright and trademark. We reserve the right at any point in time to change any of the terms and conditions contained herein or any information contained in the Site. Any such changes will appear on the individual pages of the Site and/or on this screen.

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

LIMITED LICENSE

CW grants to you a limited personal, non-exclusive and non-transferable right and license to access the Website and use the services offered by CW thereon (the "Services". Unless otherwise specified in writing, the Website and Services are for your personal and non-commercial use. You may not use the Website and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions.

AVAILABILITY

The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Site does not imply that such product or service is or will be available at all times. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

MODIFICATION OF THESE TERMS OF USE

CW reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website and the Services. Any modifications to this Agreement shall be effective immediately upon notice, which may be accomplished by posting the modified Agreement on the Website or via email. Your use of the Website and/or any of the Services following such notice shall be deemed your acceptance of such changes. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Website.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Website and its services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, reverse assemble, transfer, or sell any information, software, products or services obtained from the Website or any of the Services. In addition, you shall not manipulate or otherwise display the Website and/or the Services by using framing or similar navigational technology, nor shall you access the Website or Services by any means other than through the standard industry-accepted or CW-provided interfaces.

LINKS TO THIRD PARTY SITES

The Website may contain links to third party Websites, including advertiser Websites (the "Linked Sites"). The Linked Sites are not under the control of CW and CW is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CW is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CW responsible if the Linked Site is not working appropriately. CW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CW of the site or any association with its operators. CW is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Website or Services or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CW shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website and Services, you will not use the Website or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or Services in any manner which could damage, disable, overburden, or impair the Website or any of the Service(s) (or the network(s) connected to the Website and Service(s)) or interfere with any other party's use and enjoyment of the Website and Service(s). You may not attempt to gain unauthorized access to the Website or any Service, other accounts, computer systems or networks connected to the Website or any Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website or any Service (including a Communication Service, as defined below) if you are not expressly authorized by such party to do so.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If you open an account on the Website, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will be required to choose a password and user name (your email address). You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify CW immediately of any unauthorized use of your account or any other breach of security. CW will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CW or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

PAYMENT TRANSACTION PROCESSING

Certain Services may be offered for sale on the Website. In the event you wish to purchase for any of these products or services, you will be asked by CW or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide CW or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.

Some services offered by CW are subject to taxes. You hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. CW reserves the right to change the amount of, or basis for determining, any fees or charges for the service(s) we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.

By providing payment account information, you thereby authorize the charge to your credit card or other account as necessary to complete the process for your payment transaction. You also authorize CW to store and to use your payment account information for future purchase on the Website in addition to processing any credits such refunds or adjustments. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

USE OF COMMUNICATION SERVICES

  • The Website and Services may contain e-mail services, bulletin board services, chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other textual, graphical or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable local, state, national or international law or regulation.
  • Create a false identity for the purpose of misleading others, including, without limitation, impersonating a CW official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website or any of the Service(s) or other user or usage information or any portion thereof.
     

CW has no obligation to monitor the Communication Services. However, CW reserves the right to review materials posted to a Communication Service and to remove or alter any materials in its sole discretion at any time for any reason. CW reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

CW reserves the right at all times to disclose any information as CW deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CW's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CW does not control or endorse the content, messages or information found in any Communication Service and, therefore, CW specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CW spokespersons, and their views do not necessarily reflect those of CW.

CW expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of CW or any of its subsidiaries or affiliates.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CW OR POSTED AT THE WEBSITE

CW does not claim ownership of the materials you provide to CW (including feedback and suggestions) or post, upload, input or submit to the Website or any Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission to CW through any means, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions; and to publisher your name in connection with your Submission. The foregoing license to CW shall be fully paid-up and royalty free. In addition, under no circumstances shall CW have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submissions upon the occurrence of a transfer of all or any portion of CW's business through a merger, sale or transfer of all or substantially all of the assets of CW, nor shall the sale of advertising on the Website give rise to any obligation to pay a fee to users or subscribers. CW is under no obligation to post or use any Submission you may provide and CW may remove any Submission at any time in its sole discretion.

None of the Submissions disclosed or posted via the Communication Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on CW's part and we shall not be liable for any use or disclosure of any such Submissions.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

CONTESTS AND GAMES

CW may provide contests and games on its Sites. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE WEBSITE AND SERVICES

You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of CW or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you by advertisers on the Website or in the Services (whether concerning CW, the Website, the Services or otherwise) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including international treaty provisions.

CW respects the intellectual property of others, and we ask you and all of our users to do the same. CW may remove content from the Website, the Services and/or the Communication Services that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the CW Sites/Services may include inaccuracies or typographical errors. Changes are periodically made to the CW Sites/Services and to the information therein. CW and/or its respective suppliers may make improvements and/or changes in the CW Sites/Services at any time. Advice received via the CW Sites/Services should not be relied upon for any personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

CW and/or its respective suppliers and licensees make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the website and services for any purpose. All such information, software, products, services and related graphics are provided "as is" and "as available" without warranty of any kind. CW and/or its respective suppliers and licensees hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

You specifically agree that CW shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website or any service. You specifically agree that CW is not responsible or liable for ant threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that CW is not responsible for any content sent using and/or included in any communication service by any third party.

In no event shall CW and/or its suppliers or licensees be liable for any direct, indirect, punitive, incidental, special, consequential damaged or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Services, with the delay or inability to sue the Website or Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or Services, or otherwise arising out of the use of the Website or Services, whether based on contract, tort, negligence, strict liability or otherwise, even if CW or any of its suppliers or licensees has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damaged, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

TERMINATION/ACCESS RESTRICTION

CW reserves the right, in its sole discretion, to terminate your access to the Website or any of the Services and the related services or any portion thereof at any time, without notice.  CW may also terminate or suspend your access to the Website or the Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by CW.

GENERAL

This Agreement constitutes the entire agreement and understanding between you and CW and governs your use of the Website and the Services, superseding any prior agreements between you and CW (including its affiliates and predecessors in interest). This Agreement and the relationship between you and CW shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions. The failure of CW to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed therefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by CW of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Use of the Website and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CW as CW makes no representation or warranty that the content and materials on the Website and/or the Services are appropriate or available for use in locations outside Singapore. Those who choose to access the Website or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. CW reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

You agree to indemnify and hold CW, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable legal fees, due to or arising out of your use of or conduct on the Website and/or Services, including but not limited to any allegation that any materials that you submit to CW or post in any Communication Service infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party. CW reserves the right to disclose any personal information about you or your use of the Website and Services, including its contents, without your prior permission if CW has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CW or its affiliated companies; (3) enforce the Website's terms of use; or (4) act to protect the interests of its members or others. CW's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CW's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website and/or Services or information provided to or gathered by CW with respect to such use