Terms of Service

OVERVIEW

This website (“Site”) is operated by Livinguard Asia Pte Ltd. Throughout the Site, the terms “we”, “us” and “our” refer to Livinguard Asia Pte Ltd. Livinguard Asia Pte Ltd offers this Site, 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 or accessing our Site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including, without limitation, those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you are deemed to have read and agreed to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Site or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. IF YOU CONTINUE TO USE OR ACCESS THE SITE OR USE ANY OF THE SERVICES, YOU AGREE TO ALL THE TERMS DESCRIBED OR REFERRED TO IN THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, CONDUCTING TRANSACTIONS ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION AND A CHOICE OF SINGAPORE LAW.

BINDING ARBITRATION. You and Livinguard Asia Pte Ltd agree that any dispute, controversy or claim arising out of or relating to the Site, use of the Site or any of the Services, any product provided through the Services, these Terms of Service and/or the Privacy Policy shall be referred to, and finally resolved by, arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this provision.

The arbitrator(s) shall be appointed by the President of the SIAC (“President”), pursuant to the SIAC Rules . The arbitrator(s) shall apply Singapore law. The seat of the arbitration shall be Singapore and the language of the arbitration shall be English.

If you initiate arbitration against us, you will be responsible for professional fees for the arbitrator(s)’s services or any other SIAC fees. If we initiate arbitration against you, we will pay for the arbitrator(s)’s services and any other SIAC fees associated with the arbitration.

In addition to the foregoing, and notwithstanding the SIAC Rules, certain procedures will apply depending on the amount in controversy. For disputes, controversies and claims in which the amount in controversy is less than S$1,000,000.00 (Singapore Dollars One Million), the following will apply:

  • There will be one (1) arbitrator appointed by the President, in accordance with the SIAC Rules.
  • The arbitration will occur within such time as may be specified by the SIAC.
  • The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the SIAC Rules.
  • Any award made by the arbitrator shall be final and binding on each of the parties to the dispute.

 

For disputes, controversies and claims in which the amount in controversy is equal to or exceeds S$1,000,000.00 (Singapore Dollars One Million), the following will apply:

  • There will be three (3) arbitrators appointed by the President, in accordance with the SIAC Rules.
  • Any award made by the arbitration tribunal shall be final and binding on each of the parties to the dispute.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

BY USING THIS SITE AND THE SERVICE, YOU AGREE THAT ANY CLAIMS ARISING FROM YOUR USE OF THIS SITE OR THE SERVICES OR PURCHASE OF PRODUCTS MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF PURCHASE.

Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace, at our sole discretion, any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide the 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 majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and 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 Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not upload or transmit any worms, Trojan horses, cracks, bugs, viruses or any code of a destructive or malicious nature.

A breach or violation of any of these Terms of Service will result in an immediate termination of the Services being provided to you.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse, at our sole discretion, service to anyone for any reason whatsoever (with no obligation to disclose such reason) and at any time.

You understand, acknowledge and accept that your content (not including credit card information) may be transferred unencrypted and may be involved in (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, license, distribute, publish or exploit any portion of the Services, use of the Services, access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.

The headings used in these Terms of Service 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. Any reliance on the material on this Site is solely at your own risk and discretion.

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 or remove, at our sole discretion, the contents of this Site at any time and for any reason whatsoever, but we have no obligation to update any information on our Site. You agree that it is fully your responsibility to monitor changes to our Site.

SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue, at our sole discretion, the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party, nor do we assume any responsibility or liability, for any modification, price change, suspension or discontinuance of the Services.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. You can contact our customer service department for questions on returns and refunds by sending an email to: contact.sg@livinguard.com.

We cannot guarantee variances in size, construction, pattern, color or shade of stock inventory, and we are not responsible or liable for variations in product specifications or physical appearance. All descriptions, images, features, specifications, products, and prices of products or the Services are subject to change at any time without notice. We attempt to describe the products offered on the Site and to display as accurately as possible the colors of the products shown on the Site; however, Livinguard Asia Pte Ltd cannot and does not guarantee that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free, or that your screen’s display of any color will be accurate. The inclusion of any products on the Site does not imply or warrant that these products will be available.

We reserve the right, but are not obligated, to limit the sales of our products or the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right, but are not obligated: (1) to limit the quantities of or discontinue any products or the Services that we offer; (2) to impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (3) to bar you from making or completing any or all transactions; and (3) to refuse to provide you with any product. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, the Services (or any part or content thereof), information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services (or any part or content thereof) will be corrected.

THE PRODUCTS AND/OR THE SERVICES (OR ANY PART OR CONTENT THEREOF) THAT MAY BE DESCRIBED ON THE SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, at our sole discretion, 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.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 not be responsible for, and shall have no liability whatsoever arising from or relating to, your use of optional third-party tools.

Any use by you of optional third-party 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 Site (including, the release of new tools and resources). 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 the Services may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites or resources that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, 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. If you decide to access third-party materials or websites, you do so at your own risk. The inclusion of such third-party links should not be interpreted as approval by us of those linked websites or materials (and any information you may obtain from them). We have no control over the contents of those websites or resources.

We are not responsible or 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, and will not be entertained or responded to by us.

 

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 to be 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 Services 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 and the Site is governed by our Privacy Policy. Please read our Privacy Policy carefully because it describes how we collect and use information we obtain from you.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services 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, in our sole discretion, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including, without limitation, after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in these 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, threaten, 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 Services or the Site or of any related website, other websites, or the Internet; (h) to collect, disclose or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or the Site 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 your use of the Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may, at our discretion, remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services, and all products and services delivered to you through the Services, are (except as expressly stated by us) provided “as is”, “as available” and “with all faults” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

WE DO NOT PROVIDE MEDICAL ADVICE AND NOTHING ON THIS SITE IS INTENDED, OR SHOULD BE CONSTRUED, TO PROVIDE MEDICAL ADVICE. OUR PRODUCTS ARE NOT A SUBSTITUTE FOR MEDICAL GRADE PERSONAL PROTECTIVE EQUIPMENT AND DO NOT REPLACE OTHER RECOMMENDED MEASURES TO STOP THE SPREAD OF ANY VIRUS OR OTHER DISEASE, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE DECISION TO USE OUR PRODUCTS IS SOLELY YOUR OWN AND AT YOUR OWN RISK. YOU SHOULD FOLLOW THE MOST CURRENT RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND YOUR OWN HEALTHCARE PROVIDERS AS TO HOW BEST TO PROTECT YOURSELF.

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, ALL PRODUCTS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING OR TRADE USAGE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE, AND WE EXPRESSLY DISCLAIM ANY REPRESENTATION, WARRANTY OR GUARANTEE, THAT USE OF OUR PRODUCTS WILL PREVENT YOU FROM TRANSMITTING OR BECOMING INFECTED BY BACTERIA OR ANY OTHER VIRUS OR DISEASE.

IN NO CASE SHALL LIVINGUARD ASIA PTE LTD, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS AND/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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRODUCT DESCRIPTIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, ALL PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVIDED WITH THE PRODUCTS.

We shall have no liability for any failure or delay in the provision of any products or the performance of any obligation under these Terms of Service, if the failure or delay is due to any cause or event beyond our reasonable control, including, without limitation, an act of God, natural disaster, adverse weather conditions, fire, accident, pandemic, epidemic, terrorist activity, national emergency, war or other hostilities, political interference with normal operations of any party, strikes or industrial disputes, riots, power failure, failure or non-availability of third party telecommunication equipment or networks and failure or non-availability of the Internet (or any part thereof) (each, a “Force Majeure Event”).

Our failure to comply with these Terms of Service as a result of the occurrence of one or more Force Majeure Events shall not be deemed a breach of these Terms of Service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Livinguard Asia Pte Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, interns and employees, from any and all claims, actions, demands, costs and expenses (including, without limitation, reasonable legal fees) made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any laws or the rights of a third-party (including, without limitation, intellectual property rights).

SECTION 15 - 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. The unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

Your rights under these Terms of Service will deemed to be automatically terminated without notice if you breach any of the terms herein. In case of such termination, we may immediately revoke your access to the Site and the Services, without prejudice to our rights against you for such breach.

 

 SECTION 17 - 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 Services (which may from time to time be updated by us) or any products made available through the Services or the Site, together with any additional terms, conditions, disclaimers and limitations of liability provided with any such products, constitutes the entire agreement and understanding between you and us and governs your use of the Services, 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 these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of Singapore. The United Nations Convention on Contracts for the Sale of Goods shall not apply to these Terms of Service.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms of Service operate to the fullest extent permissible by law.

SECTION 19 - CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of, or access to, our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at contact.sg@livinguard.com.