Legal terms
WARRANTIES
1.
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.
2. No agent or representative of Iberian Markt is authorized to make any
warranties, representations or statements regarding the Products and Iberian
Markt shall not in any way be bound by any such unauthorized warranties,
representations or statements.
PROPERTY RISK
1.
All risk in the Products shall pass to the Customer upon delivery to the
Customer’s delivery address but Iberian Markt shall retain title in the
Products until such time as payment for the Products has been effected.
LIABILITY
1.
The liability of Iberian Markt whether in contract, tort or otherwise for
any loss, damage or injury arising directly or indirectly from any defect in or
non-compliance of the Products or any other breach of Iberian Markt obligations
hereunder shall not in any event exceed an amount equivalent to the price of
the Products.
2.
Iberian Markt shall not be liable for any consequential, indirect or
special damage or loss of any kind whatsoever nor shall Iberian Markt be liable
for any damage or loss caused by the Customer’s servants, agents, buyers or
other persons whatsoever.
3.
The Customer shall ensure that the Products 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 Iberian Markt assumes no obligation or liability
for any advice or information given with the Products and Iberian Markt shall
not be responsible for any inaccuracy or misstatement of any such information.
The Products shall be accepted by the Customer entirely at the Customer’s risk.
INTELLECTUAL PROPERTY
1.
Iberian Markt and other parties own the trade marks, logos and service
marks displayed on this site/catalogue and/or in connection with the Products
and Customers. On-line visitors are prohibited from using the same without the
written permission of Iberian Markt or such other parties.
2.
Visitors shall not do anything to prejudice the rights of Iberian Markt.
FORCE MAJEURE
1.
If the performance by Iberian Markt of its obligations under the Iberian
Markt Online is prevented by reason of “force majeure” (which shall
include prevention occasioned by fire, casualty, accident, act of God, natural
disaster, any law, order, proclamation, regulation, demand or requirement of
the government of Singapore or of any of its government agencies, strikes,
labour disputes, shortage of labour or lack of skilled labour, shortage or
unavailability of products or raw materials, delay in transit or other causes
whatsoever (whether similar to the foregoing or not) beyond the reasonable
control of Iberian Markt), Iberian Markt shall be excused from such performance
to the extent of such prevention.
VARIATION OF TERMS AND CONDITIONS
1.
Iberian Markt reserves the right to amend these Terms and Conditions in its
sole discretion. Iberian Markt may, but does not undertake to, notify the
Customer of such changes. It is the Customer’s responsibility to review the
Terms and Conditions prior to submitting any order and Iberian Markt shall have
no responsibility to notify the Customer of any changes to the Terms and
Conditions prior to the coming into effect of such changes or otherwise.
APPLICABLE LAW
1.
These Terms and Conditions shall be governed by the laws of Singapore and
the Customer and Iberian Markt agree to submit to the jurisdiction of the
Singapore courts.
PERSONAL DATA
1.
The Customer authorises Iberian Markt to collect, retain and use personal
information about the Customer for the following purposes:-
a.
Undertaking any dealings or transactions with the Customer and providing
continuous services to the Customer;
b.
Enforcing of any legal or other rights Iberian Markt may have against the
Customer in any manner that Iberian Markt sees fit;
c.
Making such disclosures as may in Iberian Markt’s opinion be required for
any of the above purposes;
d.
Sending the Customer any advertising and/or promotional material;
e. Designing
services for Customers;
f.
Conducting research, such as research which determine which areas are not
meeting the needs of the customers of Iberian Markt;
g.
Customising pages for Customers and putting together Customer shopping
lists;
h.
Notifying Customers of special offers or new Products;
i.
Notifying Customer of up-dates to this site/catalogue;
j.
Performing statistical and analysis of Customers’ behaviour and
characteristics in order to measure interest in and use of the various areas of
this site and providing this information to advertisers together with
information as to the number of users that have been exposed to or clicked on
their banners
2.
The Customer further authorises Iberian Markt to collect personal
information about the Customer from the Customer or any other source available
to Iberian Markt including but not limited to credit referral agencies, the
Customer’s bank (present and past) and other suppliers or products and services
to the Customer and other persons or companies with whom the Customer will have
been associated.
3.
The Customer is aware that in the event that sufficient personal
information is not supplied, or is not satisfactory to Iberian Markt then
his/her application for registration to Iberian Markt Online may not be
accepted.
4.
The Customer is aware that any personal information supplied by the
Customer will be retained by Iberian Markt and will be accessible to employees
of Iberian Markt and other persons or corporate bodies engaged by Iberian Markt
for or in relation to any of the purposes listed above, or to third parties and
the Customer authorises Iberian Markt to disclose all or any part of any
personal information provided by the Customer to such third parties.
5.
The Customer acknowledges that Iberian Markt shall retain all personal
information supplied by the Customer and unless otherwise notified to Iberian
Markt may continue to contact the Customer with marketing information even
after the Customer’s registration is cancelled.
CONFIDENTIALITY
1.
Iberian Markt does not sell, rent or lease its Customer lists to third
party.
2.
Personal data held by Iberian Markt relating to its Customers or to
visitors to this site will be kept confidential unless Iberian Markt has
Customer’s consent otherwise but Iberian Markt may provide this information to
third parties including but not limited to Iberian Markt advertisers,
associated companies or trusted contractors/agents or other network operators
who perform certain tasks for Iberian Markt in connection with the provision of
Iberian Markt’s services to its Customers and to visitors to this site. All
such third parties are prohibited from using Customer’s personal data except to
provide the requisite services to Iberian Markt and they are required to
maintain the confidentiality of such data.
3.
Any questions, comments, suggestions or information other than personal
data sent or posted to this site, or any part of this site by online Customers
and visitors will be deemed voluntarily provided to Iberian Markt on a
non-confidential and non-proprietary basis. Iberian Markt reserves the right to
use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere
such information freely, including passing it to any associated company for
example, in connection with the development, manufactured and marketing of
products and services and to meet Customer needs.
4.
Iberian Markt will disclose Customer’s personal data, without notice, only
if required to do so by law or in the good faith belief that such action is
necessary to:-
·
Comply with legal process served on Iberian Markt or the site;
·
Protect and defend the rights or property of Iberian Markt; and
·
Act under exigent circumstances to protect the personal safety of users of Iberian
Markt, the Iberian Markt internet site or the public.
USERNAME & PASSWORD
1.
The Customer shall take responsibility for the safe-keeping of his login email
ID and his password.
2.
The Customer is liable if his login email ID and password are used by an
unauthorised person. The Customer shall release and indemnify Iberian Markt
from any liability arising from the unauthorised use of his login email ID or
password.
SAFETY OF PERSONAL DATA
1.
All necessary efforts are made by Iberian Markt to ensure that any personal
data held by Iberian Markt and Iberian Markt Online is stored in a secure and
safe place and no unauthorised access will be made by Iberian Markt to Customer’s
computer or browser.
LINKS
1.
The Iberian Markt Online internet site may contain links to other sites and
pages. By activating a link, such as for example by clicking on the banner of
an business partner, the Customer leaves the site of Iberian Markt and Iberian
Markt does not exercise control over any personal data or any other information
the Customer gives to any other entity after leaving the site and access to
such site or page is at the Customer’s own risk for which Iberian Markt
disclaims all responsibility and liability.
CONTENT
1.
All reasonable efforts are made to ensure that the information provided on
this site is correct and up-to-date. However, Iberian Markt disclaims all
implied and/or express warranties and makes no representation as to the
accuracy or completeness of any information on the site. Iberian Markt takes no
responsibility and assumes no liability for the content of the site or for
anything posted on or linked to it, including without limitation any mistake,
error, omission, infringement, defamation, falsehood, or other material or
omission that might offend or otherwise give rise to any claim or complaint.
LIMITATION OF LIABILITY
1.
By accessing and using this Iberian Markt Online internet site, the
Customer acknowledges and accepts that the use of the site is at the Customer’s
own risk. Iberian Markt shall not be liable for any direct, indirect,
incidental, consequential or punitive damage or for damages for lost profits or
for loss of revenue arising out of any use of, access to, or inability to use
the site. Without limiting the foregoing: THIS SITE AND ALL INFORMATION AND
MATERIALS CONTAINED IN IT 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. IBERIAN MARKT HAS NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. IBERIAN
MARKT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT
PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS
TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, 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 THE SITE, 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 THE
SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT,
IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.