PART 1: GENERAL
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and D-BYWAY SERVICES PTE LTD. ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.dbywayservices.com.sg/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “WebSite”).
By accessing this Website, and/or using the Services, you hereby agree that:
- You are the user of the Website, and/or Services and are 18 years or above;
- You warrant that all registration information you submit will be true, accurate, current, and complete and will promptly update such registration information as necessary;
- You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Website for any illegal or unauthorized purpose;
- You use of the Website will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
These Terms shall be governed by and defined following the laws of Singapore. D-BYWAY SERVICES PTE. LTD. and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Singapore courts. D-BYWAY SERVICES PTE. LTD. shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
These Terms and Conditions and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website.
You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Should you have any additional questions about this Terms and Conditions, please email customercare[at]dbywayservcies.com[dot]sg
PART 2: USER RELATED
- The Website can be used without registering an account. However, you may be required to register with the Website in order to access certain parts of the Website;
- You agree to keep your password confidential and will be responsible for all use of your account and password. We shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connecting with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: customercare[at]dbywayservices.com[dot]sg;
- If you are registering on behalf of a legal entity, you also represent and warrant that you are authorised to act on behalf of the legal entity to enter into contractual arrangements, to bind the legal entity to the Terms and Conditions, and register with us an account for and on behalf of the legal entity. In these Terms and Conditions, all references to "you" and "yourself" means the account holder, whether an individual or other legal entity;
- We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
- Use any information obtained from the Website in order to harass, abuse, or harm another person;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Use the Website in a manner inconsistent with any applicable laws or regulations;
- Use the Website to advertise or offer to sell goods and services;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Delete the copyright or other proprietary rights notice from any Content;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you;
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- Use a buying agent or purchasing agent to make purchases on the Website;
- Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;
This website contains live chat function, file upload functions, and comment sections (“Communication Services”). You agree to use the Communication Services in a responsible manner and only to post, send or receive messages or materials proper to and related to the Communication Services. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control these rights or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Breach any code of conduct or other guidelines which may be applicable for any particular Communication Service; or
- Breach any applicable laws or regulations;
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice if he/it reasonably believes that you have breached these terms for use of the Communication Services or are misusing the Communication Services in any way.
We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in his/its discretion.
You agree that you are responsible for any Content that you submit via the Website including the legality, reliability, appropriateness, originality and copyright of any such Content. You warrant that you control all rights to the Content that you post on the Website, and that the Content does not violate any provision in this terms and conditions. You further warrant that the information you post does not injure any person and you will indemnify us for any claims for damage resulting from the Content you have supplied.
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, polices, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed;
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- Your reviews should not contain references to illegal activity;
- You should not be affiliated with competitors if posting negative reviews;
- You should not make any conclusions as to the legality of conduct;
- You may not post any false or misleading statements;
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You agree that D-Byway Services Pte Ltd has the right in its sole and absolute discretion and without notice or liability to:
- Restrict, suspect, or terminate your access to all or any part of the Website; and/or
- Terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason;
- Your reviews should not contain references to illegal activity;
- Without prejudice to the generality of the above, we reserves the right to deactivate your
Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of
our Terms and Conditions;
- To terminate your account, please contact us at customercare[at]dbywayservices.com[dot]sg;
PART 3: WEBSITE RELATED
We reserve the right, but not the obligation, to:
- Monitor the Website for violations of these Terms and Conditions;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Website, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement is occurring on the Website, or Services, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap.63) (“Infringement Notice”).
All Infringement Notices shall be emailed to customercare[at]dbywayservices.com[dot]sg
We will duly consider all infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing Material within a reasonable time. Where we removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the Website prior to such removal by us.
You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
D-Byway Services Pte Ltd owes all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Website (collectively, 'Content'). You may view, download and print pages of the content for your personal and non-commercial use only. You may not, without prior written consent from D-Byway Services Pte Ltd, copy, reproduce, distribute, republish, any Content from this Website. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
PART 4: ORDERING AND PAYMENT
- All products and services are subject to availability. We reserve the right to reject any order at any time, in its sole and absolute discretion, with no reasons required to be given. Orders are only confirmed upon your receipt of a written order confirmation from D-Byway Services Pte Ltd;
- Our products and services may be modified at any time due to constant product development. We cannot guarantee to deliver the exact same products and services when reordering at a later point in time;
- We endeavor to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. You agree that D-Byway Services shall not be liable for any errors in the pricing and product or promotional information listed on our Website, or through our Services;
- The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Website, or through our Services. If the actual price of any item ordered by you is higher than that reflected on the Website, or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorize us to charge the additional amounts to you;
- Prices on the Website are stated in Singaporean dollars and are inclusive of GST unless specifically indicated otherwise. You are responsible for any other applicable taxes or custom duties that may be incurred.
D-Byway Services may accept payment by any means it provides on the Website, including via credit card or the usage of third-party payment service providers, and may further require that payment be made at the point of purchase of any product from the Website.
If payment is not made through the Website, D-Byway Services shall invoice each User for each Order at any time after receiving such Order.
Each User shall pay all invoices in full and in cleared funds within 3 days from the date of invoice or at such other time as indicated by D-Byway Services Pte Ltd.
Each User shall make all payments in the currency stated in such invoice, without set off, deduction, or counterclaim, through such means provided by D-Byway Services Pte Ltd on the Website, bank or telegraphic transfer to D-Byway Services Pte Ltd’s bank account, or otherwise by such means that D-Byway Services Pte Ltd may designate from time to time. The User shall wholly bear any cost incurred in such transfer.
Each User shall make all payments directly to D-Byway Services Pte Ltd and not to any service partner or Employee of D-Byway Services Pte Ltd.
The order will only be processed when the payment is cleared and available in D-Byway Services Pte Ltd’s accounts. If need to, you may need to upload proof of payment (such as a payment or deposit receipt). Please be aware of the different payment timelines. Orders cannot be processed until the funds have cleared and we will not be responsible for any claims or damages resulting from a delay in the fulfilment of the Item Order due to a delay in receipt of payment.
D-Byway Services Pte Ltd reserves the right to cancel or reject coupons or promotional prices at any time without providing any reason. In the event of a genuine error, we reserve the right to cancel orders placed with incorrect prices (for example if there is a typographical or technical error resulting in incorrect prices being displayed on the Website or elsewhere).
PART 5: DISCLAIMER AND INDEMNITY
We will assume no liability or responsibility for any:
- Errors, mistakes or inaccuracies of content and materials;
- Personal Injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the Website;
- Any bugs, viruses, trojan horses or the like which may be transmitted to or through the site by any third party, and/or
- Any errors or omissions in any content and materials or for any loss of damage or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website;
- We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services;
- As with the purchase of a product or service through any medium or in any environment, you should exercise your best judgement and exercise caution where appropriate.
The Website may contain links to third party websites. We are not responsible for the privacy practices or the content of such websites even if you access them using links from our Website. Your use of these third party websites is entirely at your own risk and we recommend that you check the Privacy and Security policy of each site you visit. When you click on a third-party link, you are taken to a third party’s site. We make no representation or warranty as to the effectiveness, quality, legitimacy or data protections of any third party site.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website, even if we have been advised of the possibility of such damages, notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the fifty percent of the amount paid, if any, by you to us during the six month period prior to any cause of the action arising.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Your Contributions;
- Use of the Site;
- Breach of these Terms and Conditions;
- Any breach of your representations and warranties set forth in these Terms and Conditions;
- Your violation of the rights of a third party, including but not limited to intellectual property rights; or
- Any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.