This Agreement is a contract between you and Taleii Pte. Ltd., a Singapore registered company (UEN: 201835979G). By using this website (www.taleii.com), you are bound by this Agreement.
- The following terms and conditions (these “Terms and Conditions”) govern your access to and use of Taleii’s website (“Website”), available at taleii.com, including all content, functionality and services offered on and through the Website and/or offered on Taleii’s mobile or web software applications (collectively, “Apps”), as the case may be.
- By using this Website or the Apps, you confirm that you have read these Terms and Conditions and shall be deemed to have accepted and agreed to be legally bound by these Terms and Conditions. You also warrant that you have the legal capacity to bind yourself to these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use this Website or the Apps.
- All the Products sold by Taleii through the Website or the Apps are sold subject to these Terms and Conditions. By submitting your order for processing through the Website or the Apps, you confirm and affirm that you have read, understood, and agree to these Terms and Conditions in the form in which they appear at the time your order is submitted for processing, together with our Privacy Notice.
- These Terms and Conditions shall apply to the exclusion of all other terms and conditions endorsed upon, delivered with, or referred to in any purchase order, acceptance of an order or other document delivered by you save to the extent that any amendment or variation of these Terms and Conditions is expressly accepted by Taleii in writing.
- In these Terms and Conditions, the following expressions shall, where applicable, have the following meanings:-
- "Account” or “Customer’s Account”, as may be used interchangeably in these Terms and Conditions, has the meaning ascribed to it under Clause 13.3 ;
- "Customer" refers to you and all other persons who purchase the Product(s) under the Login
- “Delivery Address” refers to the physical address specified by the Customer on the registration form.
- “Front Door” refers to the front door or a point beyond which entry into the interior of a building occurs;
- "Intellectual Property Rights" refers to all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof;
- "Login" refers to a Customer's online access to this Website or the Apps under such Customer's Account;
- “Loss” refers to any loss including any liability, cost, expense, claim, proceeding, action, demand, or damage;
- “Privacy Notice” refers to Taleii’s privacy notice accessible at taleii.com as updated from time to time;
- "Product” or “Products” refers to any and all of Taleii’s products offered for sale on the Website or the Apps;
- "Taleii" refers to Taleii Pte. Ltd., a Singapore registered company (UEN: 201835979G); and
- "Website" has the meaning ascribed to it in Clause 1.1.
3. CUSTOMER REGISTRATION
- To place an order for Product(s), the Customer must either create an account (“Account” or “Customer’s Account”) on the Website or the Apps to facilitate future purchases or complete a customer registration form each time the Customer desires to place an order.
- The Customer shall complete the registration process according to requirements by Taleii as stated on this Website or the Apps. The Customer shall provide Taleii with complete and correct information which shall include (but shall not be limited to) the Customer's legal name, address, contact number, and e-mail address. The Personal Data of the Customer will be handled in accordance with the Privacy Notice.
- The Customer shall be responsible for the management and update of the Customer’s registration information.
- The Customer warrants that all information and data that he/she is required to provide is at all times, accurate, complete, and up to date. The Customer shall promptly inform Taleii if there is a change to the information or data submitted.
- Registration is open only to persons aged 18 and above.
- Taleii has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever.
- Taleii has the absolute discretion to suspend or terminate the Customer’s Account for any reason whatsoever by notifying the Customer in writing at the Customer’s email address associated with the Customer’s Account. Without prejudice to the generality of the foregoing, Taleii reserves the right to suspend or terminate the Customer’s Account without prior notice if, in Taleii’s opinion, the Customer has failed to comply with any of the provisions of these Terms and Conditions.
- The Customer will be liable for every order made under the Customer’s Account. The Customer agrees to indemnify Taleii and its affiliates and each of their officers, employees, agents, and representatives for all Losses (including legal costs on an indemnity basis) whatsoever arising from orders made whether by the Customer or any person for the Product(s) using the Customer's Account, regardless of whether the orders were authorized by the Customer.
4. USE OF THE WEBSITE OR APPS
- Taleii reserves the right to temporarily suspend or shut down the Website or the Apps for system maintenance or for such other purposes as Taleii may require, as and when necessary.
- The Customer’s ability to order the Product(s) is enabled through the use of a personal login ID or by providing Taleii with the information required under Clause 1. The Customer shall ensure that his/her login ID is kept strictly confidential to prevent unauthorized use.
- Taleii shall use its best endeavors to prevent any unauthorized entry to the Website or the Apps. However, to the extent permitted by law, Taleii shall not be liable for any Losses whatsoever if any third party gains unauthorized access to the Website or the Apps.
- You agree to browse and view this Website or the Apps in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations, and codes of practice within Singapore or other jurisdictions from which you are accessing this Website or the Apps.
- Taleii reserves all rights to deny or restrict access to this Website or the Apps by any particular person, or to block access from a particular IP address to this Website or the Apps, at any time, without ascribing any reasons whatsoever.
- Taleii’s suspension or cancellation of any Customer’s Account or any person’s access to this Website or the Apps shall not affect any accrued rights of any such party.
- If the Customer desires to close the Customer’s Account, the Customer shall email firstname.lastname@example.org using the registered email address associated with the Customer’s Account, and the Customer’s Account shall be closed once the prescribed cancellation procedures have been completed provided that all outstanding payments have been made in full by the Customer.
5. PRODUCT DESCRIPTION AND PRICE
- Whilst Taleii shall make every effort to ensure that the prices, details, sizes, and weight of the Products detailed on the Website and the Apps are correct, some minor discrepancies may occur and Taleii does not guarantee that the pricing, size, weight, or product description and/or any promotional information provided on the Website and the Apps will be fully accurate, current, updated, or complete. Without limiting the generality of the foregoing, the Customer acknowledges and agrees that the pictures of the Product(s) on the Website or the Apps are provided to assist the Customer in recognising the Product(s), but due to packaging redesign and improvements, these pictures may not fully reflect or mirror exactly the Product(s) received.
- Taleii reserves the right to change, modify, suspend or discontinue all or any part of this Website or the Apps or the sale of any Product at any time or upon notice as required by applicable laws, including the right to vary the price and other details of the Products at any time, without notice to the Customers. If any change is unacceptable to the Customer, the Customer shall cease using the Website and the Apps immediately. If you do not cease to use the Website and the Apps, you will be deemed to have accepted the change.
- The prices advertised by the Website and the Apps are only applicable at the time when they are viewed by the Customer, and are subject to change.
- The price of the Products is applicable at the time the Customer submits his/her order and as shown on the order confirmation, except:
- If a Product is out of stock, in which case the Customer shall not be charged for that Product; or
- If the Customer opts to accept a substitute Product, in which case the substitute Product will be charged at the price at the time the substitute Product is added to the Customer's order.
- Upon receiving full payment for the Product(s) from the Customer, Taleii shall provide the Customer with an e-mail receipt specifying the breakdown of price per Product, where applicable, and the total price, as well as the estimated delivery time for the Product(s).
- The Customer agrees to bear all applicable delivery, shipping, and handling charges as well as all applicable taxes associated with the purchase of any Product(s).
- Taleii may from time to time set credit limits for individual Customers and reserves the right to limit sales including the right to prohibit sales to re-sellers.
- Taleii shall not be liable to any person for any Loss or inconvenience suffered in the event that Taleii is unable to fulfil any order for any reason whatsoever.
- The Customer must order a minimum of six (6) pouches of one or more Product in each order.
- Taleii has the absolute discretion to refuse to accept an order for Product(s) placed by a Customer for any reason whatsoever.
- The Customer may place their order(s) via the Website or the Apps. The Customer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of order via e-mail does not amount to a guarantee by Taleii that the order will be delivered as this is subject to stock availability.
- In order to purchase Product(s) from Taleii, the Customer shall nominate a Delivery Address within Singapore.
- Taleii does not accept any cancellation or modification of an order made by a Customer once such order is accepted by Taleii.
- Taleii shall make every effort to fulfil orders placed by Customers through the Website or the Apps, but Taleii shall not be liable to any person if Taleii is unable to supply the Product(s) pursuant to an order, whether this may be due to changes made to the Product(s) or because any of the Product(s) are unavailable.
- All payments are currently made by the Customer to Taleii through Shopify, either through the Customer’s Shopify account or credit card. Shopify will manage the payment collection from the Customer for Taleii, and similarly, all refunds, if required, will be managed through Shopify. Please refer to Shopify’s terms and conditions on payment as set out herein https://www.shopify.com/legal/terms.
- If the Customer's credit card is declined by its financial institution, Taleii reserves the right to withhold or refuse delivery of the Product(s) to the Customer. If payment fails and the Customer’s order has been delivered, Taleii or Shopify will send the Customer an email to notify the Customer that payment has failed, and Taleii or Shopify will use reasonable endeavours to attempt to collect payment from any credit card that the Customer may have on its Account without further reference to the Customer. The Customer may not place any new orders for any Product(s) and Taleii reserves the right to suspend the use of the Customer’s Account until all outstanding payment has been settled and/or collected by Taleii.
- Taleii may change, at any time, the method by which payments for orders may be effected and such changes may be notified to the Customer by e-mail or by placing a notice to this effect on the Website or the Apps.
- Taleii shall use reasonable endeavors to deliver the Product(s) to the Delivery Address within the time frame selected by the Customer but Taleii shall not be liable for any delays arising from its delivery. All delivery times stated, agreed, or represented by Taleii are indicative estimates only. Taleii may use third party delivery services and there may be delays due to causes beyond Taleii’s control, such as in the event of bad weather or any unforeseen circumstances. Taleii reserves the right to cancel or reject any delivery request at its sole discretion.
- Customers requesting delivery to Sentosa and Postal Districts 1 and 2 shall pay an additional charge for delivery.
- No delivery services shall be available on Saturday's, Sundays, public holidays or any blackout dates determined by Taleii and delivery slots are subjected to availability.
- The Customer is to notify Taleii immediately of a change to the nominated Delivery Address and/or contact number and in any event, prior to the placement of the Customer’s next order. If the Customer has purchased a subscription for recurring deliveries, the Customer shall notify Taleii immediately of any change to the nominated Delivery Address and/or contact number and in any event, no less than two (2) business days before the next scheduled delivery date.
- Taleii shall deliver the Product(s) to the Customer at his/her nominated Delivery Address.
- Taleii will not commit to delivery beyond the Front Door of the Customer's residential or office building. If Taleii is requested to deliver the Product(s) beyond the Front Door, Taleii (including its officers, employees, contractors and agents) shall be indemnified and held harmless by the Customer from any Loss suffered or incurred in connection with the delivery of the Product(s) beyond the Front Door.
- The Customer shall ensure that a person of a reasonable age that is authorised to receive the order is present at the specified time of delivery at the Customer's Delivery Address to receive the Product(s). If no such person is present, Taleii shall attempt to make the delivery at another time but reserves the right to charge the Customer extra delivery fees for each re-delivery.
- Subject to payment for the order being effected, where the Customer has specifically requested Taleii to leave the Product(s) outside of the Front Door and Taleii has agreed to such request, such delivery shall be at the Customer's sole risk and Taleii shall not be liable for any missing Products thereafter.
- If the Customer cannot receive the delivery at the specified time, the Customer must notify Taleii at email@example.com before 10.00 am on the day of delivery.
- In the event of a failed delivery to the Customer, the Customer may notify Taleii at firstname.lastname@example.org.
- If, at the point of delivery, the order is faulty or damaged, the Customer may return it to the delivery man and must thereupon notify us promptly by e-mailing us at email@example.com.
- Taleii reserves the right to withhold delivery of an order if payment is not effected in full for any reason whatsoever.
9. VARIATION / CANCELLATION OF ORDER
- Once the Customer has received confirmation of his / her order, no cancellations or modifications can be made.
- Subject to the Customer's consent, Taleii may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
- If there is no prior consent from the Customer for a substitution in Clause 2, no substitution shall be made and a refund shall be made to the Customer’s Account via Shopify.
10. PROPERTY RISK
- All risk in the Products shall pass to the Customer upon delivery to the Customer's Delivery Address but Taleii shall retain title in the Products until such time as payment for the Products has been effected.
11. RETURN POLICY
- Taleii shall use its best efforts to ensure that orders are correctly fulfilled. All Customers are strongly advised to check the Product(s) they purchased at the time of delivery.
- Should, there be any discrepancy in your order (i.e. the wrong Product(s) is delivered, a Product(s) within your order is not delivered), please e-mail Taleii at firstname.lastname@example.org within 12 hours of receipt of the Product(s). If Taleii determines that there is such a discrepancy, Taleii shall rectify the order at no extra cost by either (i) providing the correct or missing Product or (ii) refunding to the Customer the price of the correct or missing Product as charged to the Customer.
- If any Product delivered is damaged, the Customer may email Taleii at email@example.com the following information, and provided that such information is provided to Taleii’s satisfaction, Taleii will replace any damaged Product(s) at no extra cost:-
- Order number
- Description of the damaged Product
- Condition of the Product upon delivery
- Photograph of the Product
- Date and time Product was delivered
- Customers will not be entitled to a remedy if the damage to the Product was caused by misuse or mishandling of the Product by the Customer or by the Customer not adhering to instructions for use or consumption of the Product (for example, storage at a certain temperature and consumption by a certain date).
- Taleii will not bear any charges incurred by Customers during the process of the replacement or the refund of the Product(s).
- Taleii reserves the right to collect, and the Customer shall be obliged to return, a Product that was not part of the Customer's order and which is delivered to the Customer by mistake.
- To the extent permitted by law, all warranties, descriptions, representations, or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability, or otherwise of the Products supplied, are expressly excluded.
- No agent or representative of Taleii is authorised to make any warranties, representations, or statements regarding the Products, their fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability, or otherwise of the Products offered and/or supplied and Taleii shall not in any way be bound by any such unauthorised warranties, representations, or statements.
- The Customer unreservedly acknowledges and agrees that he/she assumes all risk in connection with the use of the Website and the Apps. Whilst all reasonable endeavours are made to ensure that the information provided on this Website and the Apps is correct and up to date, to the fullest extent permitted by law, Taleii disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the Website and the Apps.
- Taleii takes no responsibility and assumes no liability for the content of the Website and the Apps or for anything posted on or linked to the Website and the Apps, including without limitation any mistake, error, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint.
- Representations or descriptions (including but not limited to those as to the quantity, quality, and condition of the Product(s)) displayed on the Website and the Apps are not intended to amount to advice on which reliance should be placed. Taleii, therefore, disclaims all responsibility and/or liability for any reliance placed on such material by any Customer or user of the Website and the Apps, or by anyone who may be informed of the content posted on the Website and the Apps.
- Taleii shall not be liable for any direct, indirect, incidental, consequential, or punitive damages or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Website and the Apps.
- Without limiting the foregoing: THIS WEBSITE AND THE APPS AND ALL INFORMATION AND MATERIALS CONTAINED IN THEM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT.
- TALEII HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THIS WEBSITE AND THE APPS. TALEII ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY LOSS OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE AND THE APPS, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR WORM, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THIS WEBSITE AND THE APPS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THIS WEBSITE AND THE APPS, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THIS WEBSITE AND THE APPS.
- Taleii and its affiliates and each of their officers, employees, contractors, agents, and/or representatives shall not be liable for any consequential, indirect, exemplary, or special damage or Loss of any kind whatsoever nor shall Taleii be liable for any damage or Loss caused by the Customer or any of his/her/its officers, employees, agents, buyers, representatives or other persons whatsoever.
- Taleii and any delivery service provider will not be held responsible for any Loss after delivery.
- The Customer shall ensure that the Product(s) are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that to the fullest extent permitted under law, Taleii assumes no obligation or liability for any advice or information given with the Products and Taleii shall not be responsible for any inaccuracy or misstatement of any such information. The Product(s) shall be accepted by the Customer entirely at the Customer’s risk, and the Customer assumes all risks connected with the use and storage of the Product(s).
- To the extent that Taleii is liable in contract, tort or otherwise, the liability of Taleii whether in contract, tort or otherwise for any Loss or injury arising directly or indirectly from the use of the Website or the Apps, any defect in or non-compliance of the Product(s) or any other breach of Taleii’s obligations hereunder shall not, in any event, exceed an amount equivalent to the price of the Product(s).
14. INTELLECTUAL PROPERTY
- The Website and the Apps and all the content posted on the Website and the Apps, are protected by Intellectual Property Rights. All rights, title, and interest in the Website and the Apps and the content posted on the Website and the Apps are owned by, licensed to, or controlled by Taleii. Without prejudice to the generality of the foregoing, the trade marks, logos, and service marks displayed on the Website and the Apps and/or in connection with the Products are owned by either Taleii or other third parties.
- You shall not reproduce, republish, upload, post, transmit, adapt, modify, use, display, distribute or exploit in any manner, any content on the Website and the Apps without the prior written permission of Taleii (or such other third parties which own any such trade marks, logos, and service marks).
15. LINKS FROM EXTERNAL WEBSITES
- You must secure written permission from Taleii prior to hyper-linking to, or framing, the Website or any of the content on the Website or the Apps, or engaging in similar activities. Taleii reserves the right to impose conditions when permitting any hyper-linking to, or framing of the Website and/or any of the content posted on this Website or the Apps.
- In no event shall Taleii be considered to be associated or affiliated with any trade marks, logos, or service marks used or appearing on websites that link to this Website and/or any of the content posted on this Website or the Apps.
- Taleii reserves the right to disable or block any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Website or the Apps and/or any content posted on this Website or the Apps.
16. FORCE MAJEURE
- If the performance by Taleii of its obligations under these Terms and Conditions is prevented by reason of a “force majeure” event, which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, lockdown arising from epidemic or pandemic, any law, order, proclamation, regulation, demand or requirement of any government authority or agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Product(s) or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Taleii, Taleii shall be excused from such performance to the extent of such prevention.
17. VARIATION OF TERMS AND CONDITIONS
- Taleii reserves the right to amend these Terms and Conditions in its sole discretion from time to time. Taleii may, but does not undertake to, notify you of such changes. It is your responsibility to review the Terms and Conditions prior to submitting any order and Taleii shall have no responsibility to notify you of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.
- Your continued access to the Website or the Apps shall be deemed as having read, understood, and accepted these Terms and Conditions, as they are amended from time to time and published on the Website or the Apps.
- Any delay or failure of Taleii to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court shall endeavour to give effect to the parties’ intentions as reflected in the provision and that the other provisions of these Terms and Conditions shall remain in full force and effect.
19. APPLICABLE LAW
- These Terms and Conditions shall be governed by the laws of Singapore.
- Depending on the nature of the dispute, any claim or disagreement arising out of or in connection with these Terms and Conditions and/or use of Website or the Apps and/or the purchase and delivery of the Products (“Dispute”) shall be submitted for mediation at the Mediation Centre of the Consumer Association of Singapore (“CASE”) in accordance with CASE’s mediation procedure in force for the time being. Either party may submit a request to mediate to CASE upon which the other party will be bound to participate in the mediation within CASE’s prescribed time. If the Dispute cannot be resolved at mediation, such Dispute shall be referred to the Small Claims Tribunal or the courts of Singapore, as the case may be, for resolution.
20. PERSONAL DATA
- The collection, use, and disclosure of any information collected from you, including but not limited to personal data, by Taleii will be subject to the Privacy Notice.
- The Customer shall take responsibility for the safe-keeping of the Customer’s Account and it is recommended that the Customer change his/her password periodically to prevent unauthorised usage or theft of password by third parties.
- If Taleii has reason to believe that there is likely to be a breach of security or misuse of the Website or the Apps, Taleii may at its discretion, require the Customer to change his/her password or suspend the Customer’s Account.
- The Account is deemed to have been used by the Customer upon successful login, even if it was actually used by persons other than the Customer due to theft or unauthorised usage. The Customer shall indemnify and release Taleii from any and all liability arising from the unauthorised use of the Customer’s Account, including consequential Losses (including legal costs on an indemnity basis) arising out of such theft or unauthorised usage.