TERMS & CONDITIONS FOR ONLINE SHOPPING
Thank you for visiting our website (hereafter referred to as this “Website”). This Website is operated by Kids 21 Pte. Ltd (“Kids 21”) The following Terms and Conditions create a legally binding agreement between you and Kids 21 (""we" or "us" as the context may require).
By accessing and/or using any part of this Website and/or using any of the services provided via this Website and/or purchasing or attempting to purchase any product or service on this Website, you (“the Customer” or “you”) shall be deemed to have accepted and thereby be legally bound by the terms and conditions set out below (these “Terms and Conditions”).
1.1. Kids 21 affiliates include Kids 21 Pte Ltd, COMO Hotels and Resorts (Asia) Pte Ltd, and related companies and business units which form part of the COMO Group. However, this Website is provided solely by Kids 21 and no other member of the COMO Group shall have any liability or responsibility for this Website and your purchase of any Products.
1.2. These Terms and Conditions contain the provisions in the contractual relationship entered into between you and Kids 21 which you agree to be binding and enforceable at the time you access and/or use this Website and purchase or use any of the products or services provided by Kids 21 via this Website. You are deemed to have read, understood and accepted these Terms and Conditions.
1.4 Kids 21 reserves the right to modify, add, vary or amend all or part of these Terms and Conditions from time to time without prior notice to you. Your use of this Website and any of the services provided here after such changes are posted on this Website, shall be deemed an agreement by you to these Terms and Conditions as modified.
1.5 Any purchase made through this Website will be subject to the version of these Terms and Conditions that was in force at the time of the order being placed (that is, when the order is received by Kids 21 following your clicking on the ‘Place Order’ button). Whenever you make a purchase through this Website, Kids 21 encourages you to print and save a copy of the Terms and Conditions in force at that time of the purchase for your own records.
1.6 Kids 21 reserves the right to modify or discontinue, temporarily or permanently, this online Shopping service (or any part thereof) with or without notice at any time. These Terms and Conditions will continue to apply to any orders that have been accepted in accordance with the section “Submission and Acceptance of Orders” below.
1.7 In these Terms and Conditions, the following expressions shall have the following corresponding meanings:
a. “ Comoclubber preferential rates” refers to the reduction in the purchase price of the Products offered to Customers who are Comoclubbers and who enjoy a discount privilege as applicable under the terms of Comoclub (For more information on becoming a Comoclubber, please refer to www.comoclub.com);
b. "Online Shopping" refers to the purchasing of Products through the Website; and
c. "Products" refers to the clothing, accessories, vouchers, or any other products or merchandise offered for sale by Kids 21 on this Website.
1.8 All the Products offered for sale or sold by Kids 21 through the Website are sold subject to these Terms and Conditions and these Terms and Conditions shall prevail over any other document purporting to have a contractual effect between you and Kids 21. Nothing in this document shall affect any statutory rights that you may have under applicable legislation.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. This Website and all materials, including but not limited to photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programs, products and/or services offered by any part of Kids 21and its affiliates (the “Contents”) appearing on this Website are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licenced to or controlled by Kids 21,and its affiliates or partners.
2.2. Except as otherwise expressly provided and agreed to in writing by Kids 21, you are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof.
2.3. Kids 21 and where applicable, its affiliates and partners, retain all rights, title and interest in all Intellectual Property in the Contents and all concepts, systems, whether written or graphic and all other materials on this Website.
3. ACCESS TO WEBSITE
3.1. Kids 21 reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
4.1. This Website may contain links to other websites and pages which are not controlled, maintained or endorsed by Kids 21. By clicking on or activating such links, you acknowledge that Kids 21 is not responsible for the consequences of your activities on the third party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you. Kids 21 does not represent or exercise control over such third party and such third party is neither an agent nor servant of Kids 21. Any data or any information which you give to any other entity after leaving this Website is entirely at your own risk. Kids 21 and, its affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites.
4.2. All hyperlinks to such other websites are provided as a convenience to you, and Kids 21 and its affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
5.1. No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Kids 21 cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
5.2. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis. Kids 21 reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates or partners in connection with the development, marketing, manufacturing of products and services.
6. SECURITY OF WEBSITE
6.1. You hereby expressly acknowledge and agree that:-
6.1.1. This Website is provided on an “as is” basis without warranties of any kind and Kids 21 does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
6.1.2. Kids 21 does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Contents including in particular the use of any representations and images;
6.1.3. TO THE FULLEST EXTENT PERMITTED BY LAW, KIDS 21 IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY) WITH YOUR USE OF THIS WEBSITE. ACCORDINGLY, YOU HEREBY RELEASE KIDS 21 AND ALL OF ITS AFFILIATES (AND ITS AGENTS, REPRESENTATIVES, PARENT COMPANY, RELATED COMPANIES AND ASSOCIATED COMPANIES, SUBSIDIARIES, AND LEGAL AND OTHER PROFESSIONAL ADVISORS) FROM ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITY IN RESPECT OF ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE;
6.1.4. Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither Kids 21 nor any of its affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
6.1.5. While the Kids 21 shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
6.2. You agree to indemnify and hold Kids 21 and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Kids 21 or any of its affiliates and/or Hotel Affiliates may suffer or incur due to or arising out of in connection with:-
6.2.1. Your breach of any of the provisions of these Terms and Conditions; and
6.2.2. Otherwise in connection with these Terms and Conditions and your use of this Website.
7.1 You may need to create a registered account profile to use some of the services or features made available to you on this Website. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects (“Personal Information”). You may update your registered profile at any time by signing into your account and selecting “Update Profile”. We may also change registration requirements from time to time.
7.2 Kids 21 reserves the right to terminate your account and your use of the Website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete or inaccurate.
7.3 The account password you provide should be unique and kept secure and you must notify Kids 21 immediately of any breach of security or unauthorized use of your account. Kids 21 will not be liable for any losses caused by any unauthorized use of your account.
8. ELIGIBILITY CONDITIONS FOR PURCHASE
8.1 Kids 21 reserves the right to only accept orders from you if you are of sufficient legal age and capacity to use this Website in accordance with these Terms and Conditions and to create binding legal obligations in relation to the access and use of this Website and the products or services.
8.2 In order to make purchases on the Website you will be required to provide your Personal Information. In particular, you must, where requested, provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
8.3 You must be in possession of a valid credit/debit card issued by a licensed bank acceptable to Kids 21, and you authorise Kids 21 to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Products or services which you purchase or place an order for in accordance with the process in the section “Submission and Acceptance of Orders” below. Kids 21 reserves the right to restrict multiple quantities of an item being shipped to any one Customer or postal address.
8.4 By making an offer to purchase the products or services, you expressly authorise Kids 21 to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
8.5 You agree that Kids 21 may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of the information.
9. SUBMISSION AND ACCEPTANCE OF ORDERS
9.1 All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
9.2 You may place an order through the Website by clicking on the ‘Place Order’ button. Shortly after the order is successfully submitted, an acknowledgment email will be sent to you at the email address provided at registration or on submission of your order. This acknowledgment email confirms the details of your order and is not an acceptance of your order. If you do not receive an acknowledgment email from Kids 21 within two working days, please contact Kids 21's Customer Service at email@example.com Please note that the acknowledgment e-mail does not constitute a guarantee as to the availability of the Products.
9.3 Once you have placed an order, you may only make the following changes to your order as long as the order has not been approved: Cancel any portion of or the entire order. You may not add additional items to your order. You will be required to place an additional order for any additional items you wish to purchase.
9.4 You can only make changes to or cancel your order up to the time your order has been released for fulfilment at our distribution center. Please contact Kids 21's Customer Service at CustomerService@Club21Global.com to request a change to or cancel of your order. You will be informed of the eligibility of the request as soon as practicable after we receive your request.
9.5 Once the item has been shipped, we will send you an email confirming the shipment of your order and this email will also contain a tracking number and invoice for your order.
9.6 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms and Conditions. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion, and we will not be liable to you or any third party by reason of our refusal to process a transaction.