Last Updated: 29/04/2019
FortyTwo Pte. Ltd. (company registration number: 201308794E) is a company incorporated in Singapore with its principal address at 5 Toh Guan Road East, #05-01, Singapore 608831 (“FortyTwo”) and operates the e-commerce website at https://www.fortytwo.sg/ (“Site”) as a platform for online shopping for gaming chairs supplied by FortyTwo through the Site (“Services”).
The terms and conditions set out in this Terms of Service (“Terms”) govern all users of the Site and/or Services, including end-customers (collectively, “Users”) and constitute a legal and binding agreement between Users and FortyTwo. By using or otherwise accessing the Site and/or Services, Users are confirming that they have read, understood and agreed to this Terms. The access to or use of certain areas or features of the Site and/or Services may be subject to separate policies, standards or guidelines, or may require Users to accept additional terms and conditions as published on the Site.
FortyTwo reserves the right, in its sole discretion, to vary any parts of this Terms any time. Users should periodically visit this page to review the current Terms so that they are aware of any revision by which they are bound. In the event of any changes to this Terms, FortyTwo will update the “Last Updated” date at the top of this page and/or notify Users of such changes by email at the email address registered with their Accounts (defined below). Users’ continued use of the Site and/or Services after any such changes constitutes acceptance of the latest Terms. However, any changes will not apply retrospectively.
Additional and other business terms (e.g. terms and conditions relating to acceptable modes of payment, delivery of purchases, return & refund policy, product warranty, etc) can be found in the Help Centre, which also constitute the terms and conditions of the Services incorporated by reference into this Terms.
All obligations and restrictions applicable to Users under this Terms shall be binding on and applicable to their Authorised Users (defined below) jointly and severally, and Users shall be responsible to procure that their Authorised Users adhere to this Terms. Accordingly, a default of this Terms by any Authorised User shall be deemed a default by the User jointly and severally.
In this Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site;
“Event of Force Majeure” means any cause beyond the reasonable control of a Party to this Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Site, Services and/or Content;
“FortyTwo Technology” means FortyTwo’s proprietary technology underlying the Site, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by FortyTwo or its licensors) in connection with the Site, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by FortyTwo from time to time that are not uniquely applicable to Users or that have general applicability in the art;
“Parties” means collectively FortyTwo and relevant User, and a “Party” means any of them;
“Payment Method” means the User’s current and valid method of payment that is accepted by FortyTwo, as may be varied or updated from time to time;
“Personal Data” means data that may enable FortyTwo to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which FortyTwo has or are likely to have access;
References to Clauses are to the clauses of this Terms.
The headings are for convenience only and shall not affect the interpretation of this Terms.
Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.
Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Site, Services and/or register an Account (defined below) as a User. By accessing or using the Site and/or Services, Users represent and warrant that they are 18 or older and have the legal capacity and authority to enter into a contract. If a corporate entity is accessing or using the Site and/or Services, the person registering for an Account for and on behalf of a corporate entity represents and warrants that he has the requisite power and authority to bind such corporate entity to this Terms.
For transparency and fraud prevention purposes, and to the extent permitted by law, FortyTwo reserves the right, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.
Users may not assign or otherwise transfer their Accounts to any party without the prior written authorisation by FortyTwo.
Users are responsible for designating any other individuals who have the right or authority to access, use or administer their Accounts for and on behalf of Users (“Authorised Users”). Whilst Users may permit such Authorised Users access to administer their Accounts (e.g. to purchase from the Site, update Users’ details, manage User’s Content, etc), Users remain fully liable under this Terms for all acts and omissions of their Authorised Users, whether or not such Authorised Users have acted in accordance with Users’ instructions. Users are solely responsible for maintaining the confidentiality of their password and other information relating to their Accounts, and any and all activities that occur under their Accounts. Users agree to (i) immediately notify FortyTwo of any unauthorised use of their Accounts, password, or any other breach of security, and (ii) ensure that Users or Authorised Users exit from their Accounts at the end of each session. FortyTwo will not be liable for any loss or damage arising from Users’ failure to comply with this provision.
Users acknowledge that FortyTwo may establish general practices and limits concerning use of the Site and agree that FortyTwo has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Site. Users acknowledge that FortyTwo reserves the right to terminate any Account that are inactive for an extended period of time. Users further acknowledge that FortyTwo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
FortyTwo reserves the right to temporarily or permanently remove any product and/or service from the Site at any time without notice to Users.
All products sold through the Site are intended for domestic use and not commercial or industrial use unless otherwise stated. Commercial or industrial use of the products may cause the applicable product warranties to become void. For more information about product warranties, please refer here.
Product prices shown on the Site are quoted in Singapore dollars and are for merchandise only unless otherwise stated. Please proceed to checkout to review the total cost of order, including any applicable tax, delivery or other fees.
Pictures and images on the Site are for illustration purposes only. For an accurate description and specification of any product, please read the product pages carefully. In the event of doubt, please contact FortyTwo by e-mail at [email protected] for clarification before placing an order. When browsing the Site, the colours of products may vary depending on a number of factors, such as the display settings of Users’ computer monitor.
While FortyTwo strives for accuracy in the pricing and other product information displayed on the Site, inadvertent errors can occur. In cases where such errors do occur, FortyTwo expressly reserves the right not to honor pricing errors on the Site when accepting an order online. In the case where an order placed online contains a pricing error, Users will be contacted and the order will be cancelled. Any payments that have been authorised for that order will be reversed. Should a User discover an error or is not satisfied with a product once an order is delivered, his/her sole recourse is to return such order in accordance with FortyTwo’s return policy.
FortyTwo’s products come with a warranty, the terms and conditions of which can be found here. Warranty shall be void if the merchandise suffers damage caused by abuse, negligence or accident, has been relocated, repaired or tampered with, was sold on an "as is" basis, is used for commercial purposes or resold without FortyTwo’s consent in writing. FortyTwo does not guarantee fabrics against wear, fading, color fastness or any damage caused by cleaning processes.
FortyTwo reserves the right to adjust product and service prices (including delivery charges) and information at any time and in its sole discretion.
From time to time FortyTwo may run promotions, contests, surveys, privileges and other programmes (collectively, “Promotions”), subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into this Terms. Promotions are only valid for such time period as FortyTwo may determine in its sole discretion.
Unless otherwise specifically provided, The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, “Promo Codes”):
Where any free gift is offered as part of a Promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.
FortyTwo’s decision on all matters relating to Promotions and Promo Codes is final and binding.
FortyTwo reserves the right to change, suspend, cancel and/or waive any Promotion or Promo Code and its applicable terms and conditions thereof at any time and from time to time in its sole discretion without notice to Users and liability to FortyTwo.
Users must provide FortyTwo with a current, valid and accepted Payment Method to use the Services. This does not waive FortyTwo’s right to seek payment directly from Users through any other methods, should the Payment Method fails. The terms of a User’s payment will be based on his/her Payment Method and determined by agreement with the relevant financial institution, credit/debit card issuer or other provider of the selected Payment Method. FortyTwo disclaims all liabilities associated with the security of the selected Payment Method. Users shall be responsible to resolve any disputes with their financial institution, credit/debit card issuer or other provider of the selected Payment Method.
All prices, fees and charges in respect of Forty’s products or Services shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
All payments by Users in respect of FortyTwo’s products or Services shall be paid without set-off or counterclaim and free and clear of and without deduction or withholding for or on account of any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by any governmental authorities, and all interest, penalties or similar liabilities with respect thereto.
Users may only use the Site and/or Services in compliance with applicable laws and for legitimate purposes. Users agree to comply with this Terms, all local rules and laws regarding the use of the Site and/or Services, including Users’ online conduct, that are applicable in their jurisdictions.
In using the Site, Services and/or Content, Users must not:
FortyTwo reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.
Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Site.
FortyTwo may modify or upgrade the features and functionality of the Site from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Site or any function or feature thereof. In this regard, Users acknowledge and agree that FortyTwo assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Site.
Notwithstanding anything contained in this Terms, FortyTwo reserves the right to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof). Users agree that FortyTwo shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Site and/or Services.
The Site, Content and FortyTwo Technology underlying the Site are the property of FortyTwo (i.e. FortyTwo Pte. Ltd.) and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by FortyTwo, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site and/or Content, in whole or in part. The word “FortyTwo” and associated logo are the trademarks, trade names and/or service marks of FortyTwo, and Users agree not to display or use in any manner such names and/or marks without FortyTwo’s prior written authorisation. In using the Site, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in FortyTwo Technology. Any uses of the Site and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by FortyTwo.
By using the Site, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site and/or Services granted to Users pursuant to this Terms. Nothing in this Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FortyTwo’s trade or service marks displayed on the Site without FortyTwo’s prior written permission in each instance. All goodwill generated from the use of the Site, Services and/or Content will inure to FortyTwo’s exclusive benefit.
To the extent where Users provide FortyTwo with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to FortyTwo and acknowledge that FortyTwo can use and share such Feedback for any purpose in its sole discretion.
Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to FortyTwo.
The Site may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by FortyTwo, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by FortyTwo of such Third Party Resources.
When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any Third Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under this Terms.
FortyTwo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, FortyTwo will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. Users expressly relieve and hold FortyTwo harmless from any and all liability arising from the use of any Third Party Resources.
This Terms set out the full extent of our obligations and liabilities in respect of the Site and Services.
FortyTwo PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT THEIR SOLE RISK. OTHER THAN APPLICABLE PRODUCT WARRANTIES, FortyTwo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (III) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICE, AND (IV) THAT THE SITE AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FortyTwo OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FortyTwo has no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site and/or Services.
Users may see advertising material submitted by third parties on the Site. Each individual advertiser is solely responsible for the content of its advertising material and FortyTwo accepts no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
If any Users are dissatisfied with the Site and/or Services, or do not agree with any part of this Terms, or have any other dispute or claim with or against FortyTwo with respect to this Terms or the Site, Users’ sole recourse is to discontinue use of the Site and/or Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FortyTwo BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THIS TERMS, THE SITE, SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, THEN USERS EXPRESSLY AGREE THAT IN NO EVENT WILL FortyTwo’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY THE RELEVANT USER TO FortyTwo IN RESPECT OF ANY PRODUCT OR SERVICE BEING THE SUBJECT OF THAT USER’S CLAIM.
Nothing in this Terms shall limit or exclude FortyTwo’s liability in respect of (i) losses caused by fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) Users’ statutory rights.
Users hereby agree to indemnify FortyTwo, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Site, Services, Content and/or performance of Users’ duties and obligations under this Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of this Terms by the Indemnified Parties.
The agreement between FortyTwo and each User under this Terms shall take effect upon the earlier of (a) the User’s commencement of the use of the Site and/or Services, or (b) registration of an Account, or (c) execution of a written agreement with FortyTwo in respect of the use of FortyTwo’s services, and will remain in full force and effect for as long as relevant User continue to use the Site and/or Services.
FortyTwo may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, Services and/or its Account under this Terms in the event of any actual or suspected breach of any provisions under this Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, FortyTwo reserves the right to remove and discard data in and content of the User’s Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.
Upon termination of the agreement with a User pursuant to this Terms, the User’s access rights to the Site and/or Services and other rights hereunder shall terminate.
All provisions of this Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
No delay, neglect or forbearance on the part of a Party in enforcing against the other Party any term or condition of this Terms shall either be or deemed to be a waiver or in any way prejudice any right of that Party under this Terms.
If any provision of this Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from this Terms and rendered ineffective as far as possible without modifying the remaining provision of this Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of this Terms.
Save as otherwise specifically provided in this Terms, the Parties hereunder shall not be liable for failures or delays in performing their obligations hereunder arising from any Event of Force Majeure, and in the event of any such delay, the time for all Parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances.
This Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by Users without FortyTwo’s prior written consent. FortyTwo may transfer, assign or delegate this Terms and its rights and obligations thereof without prior notice to or consent by Users.
All rights and obligations under this Terms are personal to Users. A person who is not a party to this Terms shall have no right to enforce any provision of this Terms.
Irrespective of the country from which Users access or use the Site and/or Services, to the extent permitted by law, this Terms and Users’ use of the Site and/or Services shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with this Terms.