Terms of Service
Please read these terms of service ("Terms" or "Terms of Service") carefully before using www.messeji.com website and all messeji subdomains (the "Site” or the “Service") operated by Messeji Pte Ltd (“Messeji”).
In the Terms of Service, "we" and "us" means Messeji and "you" or "User(s)" means the person or corporation who accesses and uses the Site or Services.
All Services provided to you are subject to the conditions stated below in this document. Every time you visit this Site, use its Services or make a purchase, you accept the following conditions.
Please read these carefully and contact us should you have any questions.
All content found on the Site or used in the provision of our Services, including without limitation to logos, design, drawings, trade names, data, photographs, videos, graphics, sounds and other material of whatever nature is protected by copyright, trademark, patent, or other proprietary intellectual property rights, and these rights are owned by Messeji and protected in all forms now or developed in the future. All content is copyrighted as a collective work under Singapore and international copyright laws, and Messeji owns, to the fullest extent allowed by law, the copyright of all content.
You are granted a non-exclusive, non-transferable and revocable license to access the Site and use of our Services per these Terms and any additional order forms or documentation entered into between the parties. You may only download content displayed on the Site for use provided you also (i) abide by all copyright, trademark and other proprietary notices contained in the material, (ii) do not modify the material and (iii) do not copy or post the material on any network computer or broadcast the material in any media without our written permission. It is strictly prohibited to use the content of the Site for public or commercial purposes without written permission from Messeji. It is also strictly prohibited to download the product images of the products and Services for sale within this Site. In the event of breach, we shall be entitled to terminate your account and bring necessary legal action to recover any damage arising from such breach.
By using the Site, you agree that any materials, suggestions, ideas or comments that you send to Messeji are non-confidential. By submitting any solicited or unsolicited information, you grant Messeji an irrevocable, worldwide, unrestricted and perpetual license to use such materials, ideas or comments for any purpose whatsoever to the extent permitted by law.
Save as otherwise expressly provided herein, any rights not expressly granted to you herein remain reserved by us. A breach of intellectual property rights is a material breach of the Terms of Service entitling us to suspend or terminate your account.
The entire communication with us is electronic. Every time you send us an email or visit our Site, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our Site and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
User Representations and Warranties
You represent and warrant that:
you are 18 years and above and entitled to enter into legally binding contracts and access and use the Site as a User;
all information which you have provided is correct and accurate, and that you will promptly inform us of any change by updating your details;
you have obtained all necessary rights to enter into these Terms and to perform the acts required of you under these Terms;
you own or otherwise have the right to use, post, and disclose any content in connection with the Site, that the use of such content will not infringe any of the rights of any third party, including without limitation to intellectual property rights pursuant to applicable laws, and that you hereby grant us the right to use, reproduce, display, adapt, or distribute said content;
you will not harass or inconvenience any person via the transmission of obscene or offensive content;
you will not disrupt the normal flow of any access to our Site or Services; and
you agree to comply with all local rules and laws regarding online conduct, acceptable content, and transmission of technical data
Errors on our Site
Prices and availability of Services provided on the Site are subject to change without notice. Errors on the Site, which may include without limitation, errors in the price and description of Services, will be corrected as soon as reasonably possible when discovered. Whilst Messeji shall use every reasonable effort to ensure the accuracy of the Site and to promptly correct any errors, inaccuracies or omissions, it shall not be liable for any loss or damage arising from the same. You acknowledge and agree that such errors may sometimes occur due to software default or other human error and is not in any way intended to mislead or make any misrepresentation to you. As such, Messeji shall not be liable for any loss arising from such error, inaccuracy or omission.
By visiting this website, you agree that the laws of Singapore, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Messeji and you, or its business partners and associates.
You understand and acknowledge that any breach of these Terms could result in damages, losses, costs or expenses to Messeji and agree to keep us indemnified in respect to any and all claims which arise out of or in connection with a violation. You understand and acknowledge that any misuse that could cause Messeji irreparable harm, the amount of which may be difficult to ascertain, and therefore agree that Messeji shall have the right to apply to a court of competent jurisdiction for specific performance or order restraining and enjoining any such further disclosure or breach and for such other relief as Messeji deems appropriate, in addition to the remedies otherwise available at law or in equity.
Limitation of Liability
We are not responsible or liable in any manner for any User generated content. Although we include strict provisions regarding User generated content in these Terms of Service, we do not control and are not responsible for what User’s post on or through our Site and are not responsible for any offensive, inappropriate or otherwise objectionable or illegal User generated content you may encounter on our Site or in connection with your use of our Site.
To the fullest extent permitted by applicable laws, we on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of, or damage to, property; claims by third parties; or other possibility of such damages or losses, arising out of or in connection with the use of our Site or our Services or any website or services with which they are linked. This limitation of liability applies whether the alleged liability is based on contract, tort, strict liability or any other basis.
Where Messeji's liability cannot be excluded, such liability is limited to the value of the Services purchased.
Third Party Links, Sites and Services
Messeji may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Messeji. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Messeji, you do so at your own risk and you agree that Messeji has no liability arising from your use of or access to any third party website, service, or content.
If you use the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
You agree to accept responsibility for all activities that occur under your account and password. You also agree to immediately notify us of any of any attempted or actual unauthorized access or use of our services by third parties and/or any other breaches of security. You acknowledge and agree that we will not be in any way, liable, directly or indirectly, for any loss arising from such unauthorized use or any acts or omissions on your part in maintaining the confidentiality of your account and password
Termination of Use
Messeji may, in its sole discretion block access, delete the content, suspend or terminate your right to use our Services or terminate your account without notice and for any reason, including but not limited to any breach of these Terms.
In the event of suspension or termination of your account, we shall not be held liable for any loss you may suffer as a result. Upon termination, we have no obligation to grant you access to our Site or Services. Termination of your account for whatever reason shall however not prejudice or impair any antecedent right or obligation of the parties that accrued prior to termination. You are personally liable for any orders that you place or charges that you incur prior to termination.
Assignment, Notices, Waiver, Remedies and Survival
You shall not assign nor transfer your obligations under these Terms without the prior written consent of Messeji.
These Terms shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of parties.
Unless otherwise expressly stated in these Terms, notices shall be in writing and may be delivered by hand, or by ordinary or registered mail or by electronic mail to the last known addresses. Notice will be deemed given: (a) in the case of hand delivery or registered mail, upon written acknowledgement of receipt by a duly authorized representative of the receiving party; (b) in the case of ordinary mail, forty-eight (48) hours after posting; or (c) in the case of electronic mail, at the time when the mail was sent and stored in the information system of the sender.
Any waiver of any right or consent given under these Terms is only effective if it is in writing and signed by the waiving or consenting party. No delay or failure to exercise any right under these Terms shall operate as a waiver of that right. No partial exercise of any right shall prevent any further exercise of that right, or any other right.
No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties shall not constitute a waiver by such party of the right to pursue any other available remedies.
Provisions of these Terms which either are expressed to survive its termination or from their nature or context it is contemplated that they are to survive such termination shall remain in full force and effect notwithstanding such termination.