You warrant that you have the necessary authority and capacity to enter into this agreement.
1. USE OF THE SITE.
To place an order with HCM you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an order with HCM only with involvement of a parent or guardian.
3. ACCURACY OF CONTENT
The information, software, products and services included on or through this Site may contain inaccuracies, typographical errors, pricing errors, and other errors or inaccuracies. Errors and inaccuracies will be corrected as soon as practicable.
We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
In any transaction using a credit card, debit card or Pay Pal balance ("Payment Mechanism"), the Payment Mechanism must be in your name. HCM will not be liable for any fraud involving Payment Mechanism. The liability of using a Payment Mechanism fraudulently will be on the user and the onus to prove otherwise shall be exclusively on the user.
5. PROPRIETARY RIGHTS
HCM relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.
By contributing or submitting any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site (collectively, "Submissions"), you automatically grant (or warrant that the owner of such rights has expressly granted) HCM an irrevocable, royalty-free, transferable and worldwide right and license to use, copy, modify, adapt, publish, translate, create derivative works from and sell and distribute such materials or incorporate such materials into any form, medium and technology without compensation to you or the owner of such rights.
Under no circumstances shall any disclosure of any Submission to HCM be subject to any obligation of confidentiality or expectation of compensation or attribution. By submitting any Submission to HCM, you are waiving any and all rights that you may have in the Submission and you agree that any Submissions by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You also agree that no Submission by you will be or will contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make. You represent and warrant to HCM that HCM is free to implement the Submission if it so desires, as modified by HCM (as the case may be), without obtaining permission or license from any third party. HCM takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
7. LINKS TO THIRD-PARTY WEBSITES
This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
You further acknowledge and agree that HCM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or resource.
8. HYPERLINKS TO THIS SITE FROM THIRD PARTY WEBSITES
Except as set forth below, caching and hyperlinks to, and the framing of this Site or any of the contents are prohibited:
(a) You may hyperlink to the home page of this Site, upon prior notification to HCM in writing. You must make a specific request for, and secure permission from HCM prior to hyperlinking to, or framing, the Site or any of the contents, or engaging in similar activities. HCM reserves the right to impose conditions when permitting any hyperlinking to, or framing of the Site or any of the contents.
(c) Under no circumstances shall HCM be considered to be associated or affiliated in any manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that hyperlink to the Site or any of the contents.
(d) HCM reserves all rights to disable any hyperlinks to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
(e) HCM reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Site or any of the contents.
You are solely responsible and liable for any and all access, use and/or misuse of this Site made under your account and password (whether or not authorized by you).
10. DISCLAIMER OF WARRANTY
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HCM DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL HCM, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY HCM, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF HCM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF HCM, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO HCM IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL HCM, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF HCM.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. In the event that some or all of the above disclaimers or exclusions may not apply, HCM's liability will be limited to the fullest extent permitted by applicable law.
12. INTERNATIONAL USE
We make no representation that information on this Site is appropriate or available for use outside Singapore. Those who choose to access this Site from outside Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. RISK OF LOSS
The items purchased from our Site may be shipped by a third party carrier pursuant to a shipment contract. If so, any risk of loss and title for such items pass to you upon our delivery to the carrier.
14. HCM AFFILIATES
HCM is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. HCM reserves the right to void all service, return, and other policies for orders and HCM products that were purchased through unauthorized sellers. HCM is not responsible for any representations by unauthorized sellers.
16. UNAVAILABILITY OF SITE, TERMINATION AND FRAUD
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost.
17. COPYRIGHT INFRINGEMENT
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. With regards to copyright issues, kindly email firstname.lastname@example.org.
18. ADVERTISEMENTS AND PROMOTIONS
(a) HCM may run advertisements and promotions on the Site. By accessing the Site, you agree that HCM has the right to run such advertisements and promotions. The manner, mode and extent of advertising by HCM are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
(b) You agree that HCM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers.
This agreement shall be construed in accordance with the applicable laws of Singapore. The Courts at Singapore shall have exclusive jurisdiction in any proceedings arising out of this agreement.