TERMS OF USE
This website and/or SAUBER LABORATORIES social media pages (“Site”) is operated by SAUBER LABORATORIES Pte. Ltd., referred to as "SAUBER LABORATORIES".
Access to this Site and/or the Services (both defined below) is subject to these terms and conditions and our Privacy Policy(collectively known as “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you agree to be legally bound by these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.
1. REPRESENTATIONS & WARRANTIES
i) You hereby declare that:
- you have read and accepted the Web Terms in its entirety;
- you are at least 18 years old and have the necessary legal capacity, right, power, and authority to accept these Web Terms and you are either;
- you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
- all of the information provided by you to SAUBER LABORATORIES (including personal particulars and contact information) is accurate and complete.
2. DEFINITIONS
i) In this Agreement, the following definitions shall apply unless the context does not permit it:
Account is defined in Clause 5(i).
Agreement means the agreement formed by the Web Terms.
SAUBER LABORATORIES Content means all Content of SAUBER LABORATORIES that is made available on or via this Site.
Computer means your computer; notebook computer; personal digital assistant; mobile phone; tablet device; or other electronic device used to access this Site or the Services.
Content means product listings; product descriptions and reviews; materials; information; news; advertisement; listings; data; input; text; songs; audio; video; picture; graphics; software; blogs; webcasts; podcasts; broadcasts; messages; software; comments; suggestions; ideas; and other content.
Linked Sites means website links that appear on the Site.
Marks means the logo, trademarks, and service marks used on the Site.
Privacy Policy means SAUBER LABORATORIES Privacy Policy as reflected on the Site, which might be amended from time to time.
Products means SAUBER LABORATORIES products ordered and/or services provided on this Site.
Servers means the computer software; systems and servers hosting; and operating, managing, providing, or contributing to the Site and the Services.
Services is defined in Clause 3(ii).
Site means the website at sauberlabs.com.
Third Party Products mean products and services from third parties that are advertised on or available at the Site or websites linked from the Site.
Third Party User Content means all User Content that is not created, transmitted, posted, or uploaded by you.
User Content means all Content on this Site that is created, transmitted, posted or uploaded by a user of the Site.
Web Terms means the Site terms and conditions as well as the Privacy Policy.
ii) The words "include" and "including" shall not be understood as having any limiting effects.
iii) The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. SITE AND SERVICES
i) The Site is owned and maintained by SAUBER LABORATORIES.
ii) SAUBER LABORATORIES may now or in the future offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
- online ordering of Products
- access to Content
- search engines or tools
- a platform to create, upload and publicly make User Content available
- product reviews and catalogs; message boards; forums; blogs; and communication tools
- any other features, content or applications that SAUBER LABORATORIES may offer on the Site from time to time in its sole and absolute discretion.
iii) You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will agree to the Web Terms.
4. CONTENT USE CONDITIONS
i) You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or have any access to:
- any Service
- the Site
- any SAUBER LABORATORIES Content except with prior written consent from SAUBER LABORATORIES or unless expressly permitted in these Web Terms
- any User Content except with prior written consent from SAUBER LABORATORIES and the owner of the specific User Content, unless you are the sole owner of said User Content.
ii) Without prejudice to the generality of Clause 4(i), you agree not to reproduce, display or otherwise provide access to the Services, SAUBER LABORATORIES Content, or Third Party User Content on another website or server. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of SAUBER LABORATORIES.
iii) All SAUBER LABORATORIES Content are the copyrighted work of SAUBER LABORATORIES or its content or software providers. SAUBER LABORATORIES reserves and retains all rights to its Content. Use of some SAUBER LABORATORIES Content may be governed by the terms of an accompanying end user license agreement.
iv) You may not decompile, reverse engineer or otherwise attempt to discover the source code of any SAUBER LABORATORIES Content available on the Site or through a Service except under specific circumstances expressed and permitted by law or by SAUBER LABORATORIES in writing.
5. PASSWORD & ACCOUNT
i) SAUBER LABORATORIES may require you to register an online account ("Account") to enable you to access and use certain parts of this Site or access certain Services.
ii) You agree that your Account is for your sole, personal use. You agree not to:
- share with or permit others to use your Account
- assign or otherwise transfer your Account to any other person or entity
- use your Account for commercial purposes
iii) You shall provide SAUBER LABORATORIES with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension, or immediate termination of your Account. You will keep your Account information updated at all times to ensure it is accurate, current, and complete.
iv) As part of the Account registration process, you will select a password ("Password") and user identification ("User ID"). You may not:
- select or use a User ID of another person with the intent to impersonate that person
- use a name that belongs to another person without authorisation
- use a User ID that SAUBER LABORATORIES, in its sole discretion, deems inappropriate or offensive.
v) You shall promptly notify SAUBER LABORATORIES of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You will be responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
vi) You will be responsible for, and SAUBER LABORATORIES shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
vii) You will be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
viii) SAUBER LABORATORIES shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
ix) You agree that SAUBER LABORATORIES reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. SAUBER LABORATORIES shall not be liable for any loss, damage, cost, or expense incurred by you as a result of such change or re-assignment.
6. USE OF ACCOUNT INFORMATION
i) By providing the information requested for your Account, you consent to SAUBER LABORATORIES’s use and disclosure of all such information for the purposes set out in our Privacy Policy.
7. SUSPENSION AND TERMINATION OF ACCOUNT
i) You agree that SAUBER LABORATORIES has the right in its sole and absolute discretion and without notice to:
- restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate, or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason
- without prejudice to the generality of the above, SAUBER LABORATORIES reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any terms in this Agreement or if SAUBER LABORATORIES believes you have been using the Account for unlawful and/or undesirable activities.
ii) You agree not to hold SAUBER LABORATORIES liable or responsible for any loss or damage incurred by you arising out of, or in connection with the suspension and/or termination of your Account.
8. INTELLECTUAL PROPERTY
i) The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all SAUBER LABORATORIES Content, including, and without limitation, User Content copyright, shall remain with SAUBER LABORATORIES. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by SAUBER LABORATORIES. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such intellectual property from any portion of the Site is prohibited. All rights not expressly granted in written are reserved by SAUBER LABORATORIES.
ii) The Marks displayed on this Site are the property of SAUBER LABORATORIES or other third parties, and all rights to the Marks are expressly reserved by SAUBER LABORATORIES or relevant third parties. You are not permitted to use any Marks without the prior written consent of SAUBER LABORATORIES or such third party. SAUBER LABORATORIES aggressively enforces their intellectual property rights to the fullest extent of the law. The name of SAUBER LABORATORIES or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission from SAUBER LABORATORIES.
iii) The domain name on which the Site is hosted on is the sole property of SAUBER LABORATORIES and you may not use, or otherwise adopt a similar name for your own use.
9. ONLINE CONDUCT
i) You hereby agree:
- to comply with these Web Terms, and other notices or guidelines that may be posted on the Site by SAUBER LABORATORIES from time to time (which shall be incorporated by reference into these Web Terms);
- not to use any Service or SAUBER LABORATORIES Content for any unlawful purpose, and to comply with all applicable laws and regulations, including and without limitation to copyright law
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair how the Site, Services or Servers work. This includes denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming
- not to use the Account of another user at any time, with or without his/her permission.
10. USER CONTENT & LICENCE
i) You agree to exercise respect and to act reasonably when participating in any community feature as part of the Services which allows you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.
ii) You may not submit, upload, or publish on the Site or through SAUBER LABORATORIES:
- any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or third party rights, or would otherwise encourage the violation of any law or the proprietary or any other third party rights
- any User Content that solicits funds, commercial solicitation, chain letters, mass mailings, or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer
- without the relevant third party owners’ permission, any content of a third party or links to third party material, third party websites or use any third party Marks, (individually and collectively "Improper Works").
iii) If, at any time you upload or post User Content to the Site in any manner, whether by submitting Content directly to SAUBER LABORATORIES or tagging your social media posts and/or social media images with any hashtags officially used by SAUBER LABORATORIES hashtags or handles officially used by SAUBER LABORATORIES, you automatically:
- grant SAUBER LABORATORIES and its subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual, and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, in-store displays and other printed and online publications
- represent and warrant that:
- all User Content are your own original works and creations and will not infringe the copyright or any other intellectual property or other rights of any third party
- none of the User Content are proprietary or confidential
- none of the User Content are Improper Works, nor will they expose SAUBER LABORATORIES to any civil or criminal proceedings in any part of the world
- the use of SAUBER LABORATORIES and other users for the purposes and in the manner set out in this Clause 10(iii), and the hosting of the User Content on the Servers by SAUBER LABORATORIES will not require any further licences from, or infringe any intellectual property or other rights of, any third party
iv) SAUBER LABORATORIES at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, SAUBER LABORATORIES may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which SAUBER LABORATORIES believes are Improper Works, or which is the subject of any dispute.
v) You agree to indemnify and hold SAUBER LABORATORIES and its officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
vi) The copyright and intellectual property rights in all User Content which belong to you prior to uploading on the Site shall be retained by you, subject to the licences granted by you under these Web Terms (including under Clause 10(iii)), and subject to SAUBER LABORATORIES’s rights in the compilation of all User Content.
11. DISCLAIMERS & LIMITATIONS
i) While we make every effort to ensure that all SAUBER LABORATORIES Content displayed on the Site is accurate and complete, we provide the SAUBER LABORATORIES Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SAUBER LABORATORIES disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, SAUBER LABORATORIES does not warrant that the functions contained in or access to the Site, Services, SAUBER LABORATORIES Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, SAUBER LABORATORIES Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any SAUBER LABORATORIES Content in or with any Computer will not affect the functionality or performance of the Computer. SAUBER LABORATORIES does not warrant or make any representations regarding the use or the results from the use of SAUBER LABORATORIES Content, Services, Site, or Servers in terms of their accuracy, completeness, reliability, or otherwise. You (and not SAUBER LABORATORIES) will assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem, or damage in any Computer. You agree not to hold SAUBER LABORATORIES liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of SAUBER LABORATORIES.
ii) The data and information made available on the Site are of a general nature and do not mean, and shall not in any way constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. SAUBER LABORATORIES does not sponsor, endorse or promote any products, services or information.
iii) You acknowledge that it is not SAUBER LABORATORIES’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that SAUBER LABORATORIES does not endorse and shall not be responsible for any such content.
iv) You acknowledge and agree that SAUBER LABORATORIES does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and SAUBER LABORATORIES hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
v) You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk. SAUBER LABORATORIES shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
vi) You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion.
vii) You agree that:
- SAUBER LABORATORIES shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason
- access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors
- and in any such an event, SAUBER LABORATORIES shall not be liable for any loss, liability or damage which may be incurred as a result
viii) In no event shall SAUBER LABORATORIES be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the SAUBER LABORATORIES Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that SAUBER LABORATORIES is found to be liable for damages despite the foregoing provision, you agree that SAUBER LABORATORIES’ aggregate liability to you for any and all causes of action in relation to the SAUBER LABORATORIES Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to SAUBER LABORATORIES for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Terms and Conditions of Sale.
ix) Under no circumstances, including, but not limited to negligence, shall SAUBER LABORATORIES be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the SAUBER LABORATORIES Content, Services, Third Party Products, Site, or any other website, even if SAUBER LABORATORIES or a SAUBER LABORATORIES authorised representative has been advised of, or should have foreseen, the possibility of such damages.
x) You agree that the above exclusions and limitations of liability enable the Services and the SAUBER LABORATORIES Content may be provided at a reasonable cost to you.
12. LINKED SITES
i) SAUBER LABORATORIES may provide links to Linked Sites that may be of relevance and interest to our users. SAUBER LABORATORIES has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors, or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites. You hereby irrevocably waive any claim against us with respect to the Linked Sites.
ii) SAUBER LABORATORIES does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.
13. DATA USE & PRIVACY
i) Please do not submit any personal information or data without first reading our Privacy Policywhich explains our data use and privacy practices in detail.
14. TERMINATION
i) You agree that SAUBER LABORATORIES has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
15. NOTIFICATION OF INFRINGEMENT
i) SAUBER LABORATORIES reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect to SAUBER LABORATORIES Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify SAUBER LABORATORIES in writing immediately ("Infringement Notice").
ii) All Infringement Notices shall be sent to SAUBER LABORATORIES' email marketing@sauberlabs.com
iii) SAUBER LABORATORIES will, in response to all Infringement Notices submitted in the above manner, undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SAUBER LABORATORIES in respect to any Infringing Material, unless you have first given SAUBER LABORATORIES the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SAUBER LABORATORIES refuses or fails to remove the Infringing Material within a reasonable time. If SAUBER LABORATORIES removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SAUBER LABORATORIES under any applicable law which you may have in respect to any Infringing Material appearing on the Site prior to removal by SAUBER LABORATORIES.
iv) You acknowledge and agree that SAUBER LABORATORIES has no control and cannot undertake responsibility or liability in respect to Infringing Material appearing on Linked Sites or other third party sites.
16. JURISDICTIONAL ISSUES
i) This Site is operated by SAUBER LABORATORIES in Singapore. SAUBER LABORATORIES makes no representation that the Services or Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location can do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. INDEMNITY
i) You agree to indemnify and hold SAUBER LABORATORIES, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that SAUBER LABORATORIES, and its officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to, or arising out of:
- any use of the Site or any Site
- your connection to the Site
- your breach of any terms and conditions of these Web Terms
- your violation of any rights of another person or entity
- your breach of any statutory requirement, duty or law
18. VARIATION
i) SAUBER LABORATORIES reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. SAUBER LABORATORIES may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
ii) SAUBER LABORATORIES may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be considered as acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.
19. SEVERABILITY
i) If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto, or if any court of competent jurisdiction in a final decision so determines these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.
20. RELATIONSHIP OF PARTIES
i) Nothing in these Web Terms shall constitute or be considered to constitute as an agency, partnership or joint venture between SAUBER LABORATORIES and you. Neither party shall have any authority to bind the other in any way.
21. WAIVER
i) No waiver of any rights or remedies by SAUBER LABORATORIES shall be effective unless made in writing and signed by an authorised representative of SAUBER LABORATORIES.
ii) A failure by SAUBER LABORATORIES to exercise or enforce any rights conferred upon it by these Web Terms shall not be considered to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
22. FORCE MAJEURE
i) No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below). This is provided that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event ceases or abates.
ii) For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. These include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
23. RIGHTS OF THIRD PARTIES
i) A person, or entity, who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
24. GOVERNING LAW & JURISDICTION
i) These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
ii) You hereby agree to submit to the exclusive jurisdiction of the Singapore courts.
25. LANGUAGE
i) Should there be any inconsistency between the English language version of this Terms of Use and any translation hereof, the English language version shall prevail.
26. CONTACT
i) If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at marketing@sauberlabs.com.