Effective Date:Mar 10, 2024
CONTENTS
(Any obligations incurred to you arising out of your use of the
Site (as defined below) prior to the above-mentioned Effective Date will
continue to be fulfilled by TAILEN LIMITED.
1. GENERAL >
2. USE OF OUR SERVICES >
3. PRIVACY & COOKIE POLICY >
4. ERRORS >
5. TRADE RULES >
6. INTELLECTUAL PROPERTY AND OWNERSHIP >
7. THIRD PARTY LINKS AND RESOURCES >
8. TEXT MESSAGING PROGRAM >
9. EVENTS BEYOND OUR CONTROL >
10. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY
CONSUMER RIGHTS >
11. LIMITATION OF LIABILITY >
12. LEGAL DISPUTES AND ARBITRATION >
13. LEGAL TERMS >
14. COPYRIGHT INFRINGEMENT >
15. BUSINESS TRANSFERS >
16. CONTACT US >
1. GENERAL
1.1 Scope. Welcome to TAILEN LIMITED. This Terms & Conditions
( "Agreement" or "Terms" ) is a contract between you and TAILEN
LIMITED., registered address at 52, EGBE ROAD IKOTUN , ALIMOSHO,LAGOS STATE,
NIGERIA ( "Company" , "we" , "us" or
"our" ), governing your use of our website at TAILEN LIMITED (the
"Site" which includes local versions of the Site that are operated by
the Company, such as asia.TAILEN LIMITED), any mobile applications (
"Apps" ) that hyperlink to this Agreement, any other written,
electronic, and oral communications with the Company and its affiliated
entities, or any websites, pages, features, or content owned, licensed to or
operated by us or our affiliated entities that hyperlink to this Agreement
(collectively, including the Site and Apps, the "Services" ).
There are other websites that use the TAILEN LIMITED trademark
which are operated by the Company’s affiliated entities ( "Other TAILEN
LIMITED Sites" ). There may be terms and conditions linked to by the Other
TAILEN LIMITED Sites which may apply to you if you access those sites as well.
By accessing or using the Services in any manner, including, but
not limited to, visiting or browsing the Site, downloading the mobile
applications, registering an account, or contributing content or other
materials to the Site or on or via the Apps, you expressly understand,
acknowledge and agree that you have read and understood the Terms and agree to
be bound by such terms found on the Site.
You are only authorized to use the Services if you agree to abide
by all applicable laws and to these Terms. If you reside in one territory but
order products to be shipped to another territory, you may be redirected to the
local Site of the territory, which may be an Other TAILEN LIMITED Site, to
which products are shipped. You will be subject to the Terms of that local
Site.
In addition, you may read our Privacy & Cookie Policy at any
time for more information about how the Company collects, stores, and protects
your information when you use the Services. Our Privacy & Cookie Policy is
hereby incorporated by reference into these Terms as though fully set forth
herein.
1.2 Updates to the Terms. We reserve the right to modify the
Terms, including the Privacy & Cookie Policy, at any time, in our sole
discretion. By continuing to use the Services, following such changes
(regardless of whether a notice was sent by the Company), you agree to be bound
by any variation made by us to this policy and/or accompanying
policies/agreements including, but not limited to, the Privacy & Cookie
Policy. It is your responsibility to check this policy and/or accompanying
policies/agreements from time to time to verify such variations.
1.3 Acceptance of Terms. To shop with us, you need to be at least
16 years old. Any accessing, browsing, or otherwise using the Services
indicates your agreement to all the terms and conditions in this Agreement. If
you disagree with any part of the Terms then you should immediately discontinue
access or use of the Services. Please read this Agreement carefully before
proceeding.
If you have any questions regarding these Terms & Conditions
or our Privacy & Cookie Policy, you may contact us anytime at
[email protected] or use our Customer Service Platform as described in the
"Contact Us" section below.
2. USE OF OUR SERVICES
2.1 Representations. When you use our Services, you agree to the
processing of the information and details and you state that all information
and details provided are true and correspond to reality. You represent and
warrant that you are at least 16 years old or visiting the Services under the
supervision of a parent or guardian. Subject to the terms and conditions of
this Agreement, the Company hereby grants you a limited, revocable,
non-transferable and non-exclusive license to access and use the Services by
displaying it on your internet browser, for our Site, or on your mobile
devices, for our Apps, only for the purpose of shopping for personal items sold
on the Site or Apps and not for any commercial use or use on behalf of any
third party, except as explicitly permitted by the Company in advance. Any
breach of this Agreement shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph
above, you may not reproduce, distribute, display, sell, lease, transmit,
create derivative works from, translate, modify, reverse-engineer, disassemble,
decompile or otherwise exploit the Services or any portion of them unless
expressly permitted by the Company in writing. You may not make any commercial
use of any of the information provided on the Services or make any use of the
Services for the benefit of another business unless explicitly permitted by the
Company in advance. The Company reserves the right to refuse service, terminate
accounts, and/or cancel orders in its discretion, including, without
limitation, if we believe that customer conduct violates applicable law or is
harmful to our interests.
You shall not upload to, distribute, or otherwise publish through
the Services any content, information, or other material that: (a) violates or
infringes the copyrights, patents, trademarks, service marks, trade secrets, or
other proprietary rights of any person; (b) is libelous, threatening,
defamatory, obscene, indecent, pornographic, or could give rise to any civil or
criminal liability under local or international law; or (c) includes any bugs,
logic bombs, viruses, worms, trap doors, Trojan horses or other code, material
or properties which are malicious or technologically harmful.
Additionally, you agree not to:
Use the Services for any unlawful purposes, or in a way that could
violate any applicable federal, state, local, or international law or
regulation;
To engage in any conduct that restricts or inhibits anyone’s use
or enjoyment of the Services, or which, as determined by us, may harm us or
other persons using the Services or expose us or them to liability;
Use the Services in any manner that could disable, overburden,
damage, or impair the Site or Apps or any other party’s use of the Services;
Use any robot, spider or other manual or automated device,
process, software or means to index or access the Service for any purpose;
Use the Services to distribute unsolicited promotional or
commercial content, or solicit other persons using the Services for commercial
purposes;
Otherwise attempt to interfere with the proper working of the
Service.
2.3 Account Creation and Termination. In order to access some
features available on the Services, you will have to create an account. You may
not use another person’s account. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site
or Apps in a manner consistent with the terms and conditions of this Agreement,
and the Company has no obligation to investigate the authorization or source of
any such access or use of the Services.
You will be solely responsible for all access to and use of the
Services by anyone using the password and identification originally assigned to
you whether or not such access to and use of this Site is actually authorized
by you, including without limitation, all communications and transmissions and
all obligations (including, without limitation, financial obligations) incurred
through such access or use. You are solely responsible for protecting the
security and confidentiality of the password and identification assigned to
you. In no event shall we be liable for any loss, theft or fraudulent use of
your User Account. You shall immediately notify us of any unauthorized use of
your password or identification or any other breach or threatened breach of the
Site or App's security. Please do not use the same password for this Site or
App that you use for other sites.
The User Account is provided for the regional Site or App that is
used for the initial setup. Depending on the Site through which you create your
User Account, your account will be administered by the entity responsible for
operating that Site, as set forth in Clause 1.1 (Scope) of the terms and
conditions governing the use of that Site (for example, if you created your
account on TAILEN LIMITED, then your account will be administered by TAILEN
LIMITED TRADING LIMITED). If you already have an account as of the Effective
Date of these Terms, then depending on the location affiliated with your
account, your account will be administered by the entity set forth in Clause
1.1 (Scope) of the terms and conditions governing the use of that Site (for
example, if your billing address is in any of Indonesia, Turkey, South Korea,
Myanmar, Thailand, Cambodia, Laos, Vietnam, Philippines, Malaysia, Singapore,
Brunei Darussalam, East Timor, Guam, Macao, Taiwan, Maldives or Sri Lanka, then
your account will be administered by TAILEN LIMITED TRADING LIMITED). If you
reside in one territory but order products to be shipped to another territory,
you may be redirected to the local Site of the territory to which the products
are shipped.
From time to time, we may restrict access to some or all parts of
the Services, including, but not limited to, the ability to upload documents,
make payments, or send messages.
We may terminate your access to the Services at any time, in our
sole discretion, without cause or notice, or if we believe you have breached
these Terms. You may terminate your account at any time, for any reason, by
following any such instructions within the Site or App, or by contacting us as
described in the "Contact Us" section below.
By creating an account with us, you acknowledge that we may send
you promotional or marketing emails from time to time. If you do not wish to
receive those emails, please use the link provided in those emails to
unsubscribe from our email list.
2.4 Wallet. If you create a User Account, you will be provided
with a TAILEN LIMITED digital wallet ( "Wallet" ) that can be used to
collect and hold wallet credits, gift cards, promotional coupons and
promotional points issued by the Company via the Services. Subject to the terms
below, Wallet credits, gift cards, promotional coupons and promotional points
stored in your Wallet can only be redeemed with the Company in connection with
purchase of products from the Company, and not for any other purpose. The
Wallet is accessible at any time via the local Site or App in the section
"My Assets".
Promotional Points: Promotional points can be earned and stored
under "My Assets" by using our Services offered on your local site,
application or social media accounts and purchasing goods in accordance with
the specific provisions available under Bonus Points . Promotional Points are
granted by the Company in its sole discretion; they are subject to expiration
and cancellation by the Company. Promotional points can only be redeemed on the
site through which they were granted (for example, if promotional points were
granted on the TAILEN LIMITED site, then they can only be redeemed on that
site). Promotional Points may not be redeemed as cash or returned via PayPal or
the Debit/Credit Card used to make the original purchase.
Coupons: Coupons can be purchased from the Company from time to
time or may be granted by the Company in its sole discretion. Coupons may be
stored under "My Assets." Coupons are subject to expiration and
cancellation by the Company. TAILEN LIMITED coupons that were purchased can
only be redeemed on the site on which they were purchased (for example, if
coupons were purchased on the TAILEN LIMITED site, then they can only be
redeemed on that site). The redemption of TAILEN LIMITED coupons granted by the
Company free of charge may be used on Other TAILEN LIMITED Sites subject to
limitations imposed in the Company's sole discretion from time to time. Coupons
may not be redeemed as cash or returned via PayPal or the Debit/Credit Card
used to make the original purchase.
Wallet Credit: Wallet credit is electronically stored monetary
value that can be stored in your Wallet by returning goods in accordance with
our Returns Policy and choosing a wallet credit as your refund option. Wallet
credits can only be redeemed on the site through which the wallet credit was
granted (for example, if you ordered and subsequently returned a product on the
TAILEN LIMITED site and elected to receive a wallet credit, that wallet credit
can only be redeemed on the TAILEN LIMITED site). The credit in your Wallet may
be used only for the purpose of paying for goods and/or services provided by us
(i.e., TAILEN LIMITED TRADING LIMITED) in instances where we provide the option
of using the Wallet to make such payments. We do not allow for you to use the
Wallet credit for any other purpose and we offer no functionality for you to
make transfers of Wallet credits from one Wallet to another. A Wallet credit
linked to a returned item can be refunded to the original method of payment
used when you placed the order. A wallet credit granted by that is not linked
to a returned item cannot be refunded or redeemed in cash. Under no
circumstances will we allow a refund of your Wallet credit in cash (i.e.,
providing you with notes and coins).
Gift Cards: Gift cards can be redeemed and stored under "My
Assets" by entering the gift card code through your User Account. Gift
cards can be redeemed and stored by entering the gift card code through your
User Account. Gift cards purchased after Mar 10, 2024 can only be redeemed on
the site on which they were purchased (for example, if a gift card was
purchased after Mar 10, 2024 on TAILEN LIMITED, then that gift card can only be
redeemed on that site). The redemption of gift cards granted by the Company
free of charge may be used on Other TAILEN LIMITED Sites subject to limitations
imposed in the Company’s sole discretion from time to time. Gift cards may not
be redeemed as cash or returned via PayPal or the Debit/Credit Card used to
make the original purchase.
You can use wallet credits, gift cards, paid or free coupons and
promotional points that are stored under "My Assets" as an additional
payment option or discount to be used on the Site, subject to the applicable
terms above and the provisions available under Bonus Points . While wallet
credits received from an order return can be refunded to the original method of
payment, wallet credits granted by the Company, promotional points, coupons and
gift cards cannot be redeemed for cash.
The Wallet is provided as part of the user account and is subject
to the same provisions as set forth in Paragraph 2.3. If your Wallet holds
assets at the time of termination or cancellation of your account, you will
lose those assets, except as provided by applicable law.
All your rights to the Wallet and the Wallet credits, gift cards,
promotional coupons and promotional points stored in your Wallet are personal
to you, and are terminated upon your death. Your estate, beneficiaries and/or
successors shall have no claim to the Wallet and the Wallet credits, gift
cards, promotional coupons and promotional points stored in your Wallet.
2.5 Customs. In accordance with customs regulations, you must
provide valid and accurate data. All consignee names, addresses and payer names
should be valid. It is your sole responsibility that the data you provide to us
is complete and accurate. Should any information be missing or be incorrect and
prevent any shipment or deliveries or customs clearance, we will not be
responsible and will not offer any compensation in such cases. You hereby
authorize the Company and its affiliates to make statements, submit, amend and
invalidate all declarations and documents necessary or useful to import goods
ordered by you in your name and for your account. This authorization includes
the power to make and receive service and deliveries, request refunds of any
levies, taxes and fees relating to the importation of goods, to conduct
administrative appeal and court proceedings as well as enforcement proceedings
and appeals and remedies at all instances, file applications, complaints, etc.
with public authorities, courts and other institutions, file, withdraw and/or
waive legal remedies and appeals against judgments, orders, arbitral awards,
payment orders, or any other orders and decisions of whatever kind, receive
monies, valuables and documents and/or deeds. It also includes the right to
instruct customs agents in your name and on behalf of you and to grant
sub-authorization to customs agents and/or other representatives involved in
handling matters relating to the importation of goods and complying with
regulations regarding the importation of goods. As the importer, you are
responsible for complying with all laws and regulations in your own territory.
3. PRIVACY & COOKIE POLICY
When you use our Services and place orders through them, you agree
to provide us with your email address, postal address and/or other contact
details truthfully and exactly. You also agree that we may use this information
to contact you in the context of your order if necessary.
We respect your right to privacy. By using our Services or
otherwise you agree to, and where required, consent to the collection, use and
transfer of your information as set out in the Privacy & Cookie Policy .
To see how we collect and use your personal information, including
how to unsubscribe from non-transactional communications from us, please see
our Privacy & Cookie Policy .
4. ERRORS
In case you detect that an error occurred when entering your
personal data during your registration as a user of our Services, you can
correct these errors on our Site in the section "My Account". In any
case, you will be able to correct errors related to the personal data provided
during the purchase process by contacting us, as well as exercising the right
of rectification contemplated in our Privacy & Cookie Policy through our
Site and Apps. The Services display confirmation boxes in various sections of the
purchase process that do not allow the order to continue if the information in
these sections has not been correctly provided. Also, the Services offer
details of all the items you have added to your shopping cart during the
purchase process, so that before making the payment, you can modify the details
of your order.
If you detect an error in your order after the completion of the
payment process, you should immediately contact our Customer Service Platform
to correct the error.
While we strives to provide accurate product and pricing
information, pricing or typographical errors may occur. We cannot confirm the
price of an item until after you place your order. In the event that an item is
listed at an incorrect price or with incorrect information due to an error in
pricing or product information, we shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the event
that an item is mis-priced, we may, at our discretion, either contact you for
instructions or cancel your order and notify you of such cancellation.
5. TRADE RULES
5.1 Price and Payment. All prices are correct at the time of
entering the information on to the system. If for some reason we are unable to
ship your goods, the value of the items that are not shipped will be refunded
to your wallet in your User Account or to the original method of payment,
whichever you so select.
All prices are exclusive of delivery charges. The total cost of
the order is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above)
changes shall not affect the orders for which we have sent an Order
Confirmation.
Once you have selected all articles that you wish to buy, they
will be added to your bag. The next step will be to process the order and make
the payment. To that end, you must follow the steps of the purchase process,
indicating or verifying the information requested in each step. Furthermore,
throughout the purchase process, before payment, you can modify the details of
your order. You are provided with a detailed description of the purchase
process in How to Order . Also, if you are a registered user, a record of all
the orders placed by you is available in "My Account". If your order
triggers a fraud alert in our security system, a verification email may be sent
to your email address. You may use the payment methods specified on the local
Site, which may include Visa, Mastercard, American Express, Paypal and online
banking etc.
To minimize the risk of non-authorised access, your credit card
details will be encrypted. Once we receive your order, we request a
pre-authorization on your card to ensure that there are sufficient funds to
complete the transaction. The charge on your card will be made at the time of
your order unless you selected a pay later service (which is only available in
certain territories) in which case your card will be charged at the time of
shipment or you selected a COD (cash on delivery) service (which is only
available in certain territories) in which case you will be charged in cash at
the time of delivery.
When you click "Authorise Payment" or alike, you are
confirming that the credit card is yours. Credit cards are subject to
verification and authorization by the card issuing entity. If the entity does
not authorize the payment, we shall not be liable for any delay or failure to
deliver and we will be unable to conclude any contract with you.
5.2 Colors. We have made every effort to display, as accurately as
possible, the colors of our products that appear on the Services. 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.
5.3 Packing. Unless otherwise provided, we will comply only with
its minimum packing standards for the method of transportation selected. The
cost of all special packing, loading or bracing requested by you will be paid
for by you.
5.4 Shipping & Delivery. The Company ships from different
warehouses in different territories. For orders with more than one item, we may
split your order into several packages according to stock levels at our own
discretion. We aim to deliver orders as quickly as possible. However, sometimes
during busy sale periods, deliveries may take longer. If you have any questions
regarding shipping and delivery, please contact our Customer Services Platform
.
5.5 Title and risk of loss. Title to any purchased items transfers
from the respective Company selling entity (i.e., TAILEN LIMITED TRADING
LIMITED. if you are in Indonesia, Turkey, South Korea, Myanmar, Thailand,
Cambodia, Laos, Vietnam, Philippines, Malaysia, Singapore, Brunei Darussalam,
East Timor, Guam, Macao, Taiwan, Maldives or Sri Lanka) to you as the
respective customer once the items are loaded onto the carrier at the Company
or its affiliates’ warehouse outside of your territory. Because our delivery of
your purchased item to the carrier shall constitute delivery to you, the risk
of loss or damage shall pass on to you at the time we deliver your purchased
item to the international carrier. Any claim you may have regarding damage to
the item during shipping or delivery should be made directly to the carrier.
Any claims against the Company for shortage or damage occurring prior to our
delivery of the item to the carrier must be made within five (5) days after
your receipt of the goods and must be accompanied by an original transportation
bill signed by the carrier noting that the carrier received the goods from the
Company in the condition claimed.
5.6 Return of product. Goods can be returned in designated period.
The exact return period and return policy differs from territory to territory.
Please contact our customer service for the detailed information. Except as
otherwise agreed by the Company, Customers returning goods are responsible for
freight charges.
Wrong size items and quality problem items can be exchanged. For
defective products, if a defect or damage is confirmed on the returned
products, we will give you a complete refund including the charges you have
accrued of delivery and return. The refund will be credited either to your
Wallet within your User Account or your original method of payment at your
election.
The following items cannot be returned or exchanged: bodysuits,
lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves,
bags, and mermaid blankets).
5.7 Reviews, Comments and Submissions. Except as otherwise
provided elsewhere in this Agreement or on the Services, anything that you
submit or post to the Services and/or provide to our Site or App, including,
without limitation, picture, video, ideas, know-how, techniques, questions,
reviews, comments, and suggestions (collectively, "Submissions" ) is
and will be treated as non-confidential and nonproprietary, and by submitting
or posting, you agree to irrevocably license the Submissions and all intellectual
property ("IP") rights related thereto (excluding the moral rights
such as authorship right) to the Company without charge and we shall have the
royalty-free, worldwide, perpetual, irrevocable, and transferable right to use,
copy, distribute, display, publish, perform, sell, lease, transmit, adapt,
create derivative works from such Submissions by any means and in any form, and
to translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become our sole and exclusive
property and shall not be returned to you and you agree not to raise any
dispute in connection with any use of the Submissions by us in the future. You
are responsible for all Submissions shared and must ensure these are in line
with public morals and religious beliefs, are not in violation of any
applicable laws and will not cause us to violate any applicable laws or
regulatory guidelines by displaying such Submissions on the internet.
You warrant that your Submissions, in whole or in part, are clear
and free of any IP right infringement, disputes or third party claims. We
assume no liability for any misuse of copyright or any other rights of third
parties by you. You undertake to defense for and indemnify the Company against
any losses caused due to the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you
post comments or reviews to the Site or Apps, you also grant us the right to
use the name that you submit with any review, comment, or other content, if
any, in connection with such review, comment, or other content. You represent
and warrant that you own or otherwise control all of the rights to the reviews,
comments, and other content that you post on this site and that use of your
reviews, comments, or other content by us will not infringe upon or violate the
rights of any third party. You shall not use a false e-mail address, pretend to
be someone other than yourself, or otherwise mislead us or third parties as to
the origin of any Submissions or content. We may but shall not be obligated to
remove or edit any Submissions (including comments or reviews) for any reason.
5.8 User Generated Content. When you transmit, post, upload,
share, or otherwise contribute any content to our Site or Apps, including but
not limited to your Submissions, such contributed content shall be considered
as user-generated content ( “ UGC ” ) to extent that such content is visible to
or accessible to any other Site or App visitors or users. By accepting these
Terms, you agree not to contribute any UGC that could reasonably be considered
to entail, contain, provide or promote any of the following:
(1) Sexually explicit or pornographic content;
(2) Profanity;
(3) derogatory, discriminatory or hateful comments or incitements
against specific individuals or groups based on their race or ethnic origin,
religion, gender, disability, age, nationality, etc.;
(4) incitements to violence or other dangerous activities;
(5) terrorism or other criminal activities;
(6) insensitive or offensive comments related to natural
disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
(7) harassment, bullying, or threats;
(8) dangerous products, illicit drugs, or inappropriate use or
sale of tobacco and/or alcohol;
(9) transactions in cryptocurrencies;
(10) false medical-related claims or contents;
(11) content that infringes intellectual property rights;
(12) content that you are not authorized to, or don’t have a legal
right to, share, post, or otherwise display; or
(13) any other content that could be considered illegal, offensive
or restricted under applicable laws or regulations.
You further acknowledge and agree that TAILEN LIMITED, in its sole
discretion, may remove, block any UGC it determines violate the above
requirements. Posting UGC in violation of these Terms, may lead to the
suspension or subsequent termination of all or part of our Services. By
accepting these Terms, you hereby acknowledge and agree to only post UGC that
is appropriate for a family audience. You further acknowledge and agree that TAILEN
LIMITED is not obligated to police or actively review UGC prior to its display
on TAILEN LIMITED’s Sites or Apps, and that you are therefore solely
responsible for the UGC you elect to post on the Sites or the Apps.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all of their information and
content, such as the text, software, scripts, graphics, photos, sounds, music,
videos, and interactive features (collectively, "Content") provided
as part of the Services belong at all times to the Company, its affiliate
entities or to those who grant us the license for their use and is protected by
copyright laws in your own territory and international copyright laws. You may
use the Content only to the extent that we or the usage licensers authorize
expressly.
6.2 TAILEN LIMITED Marks. In addition, the "TAILEN LIMITED"
trademarks, service marks, icons, graphics, wordmarks, designs and logos
contained therein ("Marks"), are owned by or licensed to the Company
or its affiliated entities. "TAILEN LIMITED" and the Marks of TAILEN
LIMITED are trademarks in Indonesia, Turkey, South Korea, Myanmar, Thailand,
Cambodia, Laos, Vietnam, Philippines, Malaysia, Singapore, Brunei Darussalam,
East Timor, Guam, Macao, Taiwan, Maldives, Sri Lanka and other territories for
which applications are pending or registrations have issued. You do not have,
and will not acquire, any right, title, or interest in or to any of the Marks.
The TAILEN LIMITED Marks may not be used in connection with any product or
service that is not the Company’s, in any manner that is likely to cause
confusion among customers, or in any manner that discourages or discredits the
Company. The Marks, whether on any product offered for sale on the Site or the
Apps, or appearing as a logo or text on any portion of the Site, are not a
representation that the Company or its affiliated entities are the owners of
any copyright or other intellectual property rights in the products offered for
sale on the Site or the Apps. You acknowledge that the Company sources some of
its products from third party manufacturers and wholesalers.
6.3 Rights Reserved. Content on the Services is provided to you as
is for your information only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the Company or the respective owners or licensors. We reserve all rights not
expressly granted in and to the Content. You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback or other information about
the Services, provided by you to us are non-confidential and shall become the
sole property of the Company.
You agree not to engage in the use, copying, or distribution of or
create derivative works from any of the Content other than expressly permitted
herein. You agree not to circumvent, disable or otherwise interfere with
security-related features of the Site or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the Site or the
Content therein.
7. THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are
not owned or controlled by us. References on our Site and Apps to any names,
marks, products or services of third parties, or links to third-party sites or
information, are not an endorsement, sponsorship, or recommendation of the
third party or its information, products, or services. We have no control over,
assume no responsibility for, and do not endorse or verify the content, privacy
policies, or practices of any third-party sites or services, including, but not
limited to, any third-party social media or mobile app platform with which the
Services operate or otherwise interact. The Company is not responsible for the
acts or omission of any operator of any such site or platform. Your use of any
such third-party site or platform is at your own risk and will be governed by
such third party’s terms and policies (including its privacy policies). We make
no warranties or representations about the accuracy, completeness, or
timeliness of any content posted on the Site or our Apps by anyone other than
us. We strongly advise you to read all third-party terms and conditions and
privacy policies.
8. TEXT MESSAGING PROGRAM
8.1 Enrollment. You have a choice to enroll in our text messaging
(SMS) program where you will receive marketing communications from us or our
vendor. Opting in means your agreement to receive recurring automated marketing
messages in your registered mobile number.
General Terms & Disputes. Without limitation our text
messaging program is subject to these complete Terms, which contain provisions
that govern how claims you and we have against each other are resolved (see
Legal Disputes Section below).
8.2 Opting Out. You can opt out from receiving SMS/MMS text
messages by responding STOP or any other indication instructed by us to any
message you receive in our text messaging program, or just texting STOP or any
other indication instructed by us to the number from which you currently are
receiving our text messages. In either case, you will receive one additional
message confirming that your request has been processed.
8.3 Your Own Wireless Plan. As always, message and data rates may
apply for any messages sent to and by you. If you have any questions about your
text plan or data plan, it is best to contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. You represent that you
are the account holder or customary user for the mobile telephone number that
you provide when enrolling in our text messaging program. If you change or
deactivate that number, you are responsible for notifying us through Customer
Service Platform or Privacy Center immediately. Neither we, our vendors, and/or
any mobile carrier is liable for delayed or undelivered messages. You agree to
indemnify us in full for all claims, expenses, and damages related to or caused
in whole or in part by your failure to notify us if you change your telephone
number, including, but not limited to, all claims, expenses, and damages
related to or arising under any and all applicable laws.
8.5 Participation Subject to Termination or Change. We may suspend
or terminate your receipt of automated marketing messages from us if we believe
you are in breach of these Terms. Your receipt of these messages is also
subject to termination in the event that your mobile telephone service
terminates or lapses. We reserve the right to modify or discontinue,
temporarily or permanently, all or any part of these messages, with or without
notice to you.
9. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in
compliance with any of the obligations we assume under the Terms or other
contracts when caused by events that are beyond our reasonable control
("Force Majeure"). Force Majeure shall include any act, event,
failure to exercise, omission or accident that is beyond our reasonable
control, including, among others, the following:
Strike, lockout or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist
threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic,
pandemic or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport or
other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any
government or public authority.
Strike, failure or accident in maritime or river transport, postal
transport or any other type of transport.
Border closures, government shutdowns, trade blockages, embargos,
disruptions to global trade, and port congestions.
It shall be understood that our obligations deriving from the
Terms or other contracts are suspended during the period in which Force Majeure
remains in effect and we will be given an extension of the period in which to
fulfil these obligations by an amount of time equal to the time the Force
Majeure lasted. We will provide all reasonable resources to end the Force
Majeure to the extent we can or to find a solution that enables us to fulfil
our obligations under the Terms despite the Force Majeure.
10. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY
CONSUMER RIGHTS
10.1 Company Liability. Unless otherwise indicated expressly in
these Terms, our liability regarding any product acquired on our Site shall be
limited strictly to the price of purchase of said product. Notwithstanding the
above, our liability shall not be waived nor limited in the following cases:
in case of death or personal harm caused by our negligence;
in case of fraud or fraudulent deceit; or
in any case in which it was illegal or illicit to exclude, limit
or attempt to exclude or limit our liability.
10.2 Waiver of Liability. Notwithstanding the paragraph above, and
to the extent legally allowed, and unless these Terms indicate otherwise, we
shall not accept any liability for the following losses, regardless of their
origin:
loss of income or sales;
operating loss;
loss of profits or contracts;
loss of forecast savings;
loss of data; and
loss of business or management time.
10.3 Warranties. Due to the open nature of the Services and the
possibility of errors in storage and transmission of digital information, we do
not warrant the accuracy and security of the information transmitted or
obtained by means of the Services, unless otherwise indicated expressly on the
Services. All product descriptions, information and materials shown on the
Services are provided "as is", with no express or implied warranties
or conditions of the same, except those legally established. In this sense,
since you are contracting as a consumer or user, we are obliged to deliver
goods that are in conformity with the mutually intended transaction, in
accordance with commercial reasonable expectations, being liable to you for any
lack of conformity which exists at the time of delivery. It is understood that
the goods are in conformity with the transaction or intended purchase if they:
(i) comply with the description given by us and possess the qualities that we
have presented in this Site; (ii) are fit for the purposes for which goods of
this kind are normally used; and(iii) show the quality and performance which
are normal in goods of the same type and which can reasonably be expected To
the extent permitted by law, we exclude all warranties and conditions (whether
express or implied), except those that may not be excluded legitimately.
11. LIMITATION OF LIABILITY
PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS THE LIABILITY OF
THE COMPANY TO YOU.
(1)By USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE
ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, ON AN "AS
IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR
CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR
ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE
USAGE.
(2)WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL
LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR
ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE
SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN
CONNECTION WITH YOUR USE OF THE SERVICES.
(3)YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL
NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE
FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY
AND ITS AFFILIATED ENTITIES (INCLUDING THE OPERATORS OF THE OTHER TAILEN
LIMITED SITES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION,
REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN
ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
(4)YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO
CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
12. LEGAL DISPUTES AND ARBITRATION
This agreement and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its subject
matter or formation or the use of the Services shall be governed by and
construed in accordance with the laws of Singapore without regard to its
conflict of law provisions.
Any dispute arising out of or in connection with this agreement
and the use of the Services, including any question regarding its existence,
validity or termination, shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration Centre in
accordance with the Arbitration Rules of the Singapore International
Arbitration Centre for the time being in force, which rules are deemed to be
incorporated by reference in this clause. The seat of the arbitration shall be
Singapore. The Tribunal shall consist of one arbitrator. The language of the
arbitration shall be English.
Nothing in this Clause shall affect the statutory rights you as a
consumer have, as recognized in any applicable legislation in this area.
Please Read the Following Clauses Carefully – It May Significantly
Affect Your Legal Rights, Including Your Right to File a Lawsuit
12.1 Initial Dispute Resolution. We are available by email at
[email protected] to address any concerns you may have regarding your use of the
Services. Most concerns may be quickly resolved in this manner. Each of you and
we agree to use best efforts to settle any dispute, claim, question, or
disagreement directly through consultation and good faith negotiations which
shall be a precondition to either party initiating a lawsuit or arbitration.
12.2 Waiver of class or consolidated actions. All claims and
disputes must be arbitrated or litigated on an individual basis and not on a
class basis. Claims of more than one customer or user cannot be arbitrated or
litigated jointly or consolidated with those of any other customer or user.
13. LEGAL TERMS
13.1 Assignment. You may not assign or transfer this Agreement (or
any of your rights or obligations under this Agreement) without prior written
consent. Any attempted assignment or transfer without complying with the
foregoing will be void. We may freely assign or transfer this Agreement. This
Agreement inures to the benefit of and is binding upon the parties and their
respective legal representatives, successors, and assigns.
13.2 Entire Agreement; No Waiver. These Terms, together with our
Privacy & Cookie Policy , and any other legal notices published on the Site
or Apps, shall constitute the entire agreement between you and us concerning
the Services, and supersedes all prior terms, agreements, discussions and
writings regarding the Services. If any provision of the Terms is found to be
unenforceable, then that provision shall not affect the validity of the
remaining provisions of the Terms, which shall remain in full force and effect.
No waiver of any term of the Terms shall be deemed a further or continuing
waiver of such term or any other term. Our failure to assert any right or
provision under the Terms shall not constitute a waiver of such right or
provision.
13.3 Indemnification. You agree to release, indemnify, and defend
the Company and any subsidiaries, affiliates, related companies, suppliers,
licensors and partners, and the officers, directors, employees, agents and
representatives of each from all third-party claims and costs (including
reasonable attorneys’ fees) arising out of or related to: (1) your use of the
Services; (2) your conduct or interactions with other users of the Services;
(3) your breach of these Terms. We will notify you promptly of any such claim
and will provide you (at your expense) with reasonable assistance in defending
the claim. You will allow us to participate in the defense and will not settle
any such claim without our prior written consent. We reserve the right, at our
own expense, to assume the exclusive defense of any matter otherwise subject to
indemnification by you. In that event, you will have no further obligation to
defend us in that matter.
13.4 Interpretation. In construing or interpreting the Terms,
headings are for convenience only, and not to be considered.
13.5 Applicable Law. If you are a resident of Indonesia, Turkey,
South Korea, Myanmar, Thailand, Cambodia, Laos, Vietnam, Philippines, Malaysia,
Singapore, Brunei Darussalam, East Timor, Guam, Macao, Taiwan, Maldives, Sri
Lanka, your use of our Site and the product purchase contracts through said
Site shall be governed by Singapore laws and regulations.
14. COPYRIGHT INFRINGEMENT
As we ask others to respect our intellectual property rights, we
respect the intellectual property rights of others. If you believe that
material located on or linked to by the Company violates your copyright, you
are encouraged to submit a copyright takedown request notice to us. To do so,
please send an email to [email protected] .
Your notification of the infringement should include the
following:
identify the copyrighted work that you claim has been infringed
along with any copyright registration;
identify the material or link on our Services that you claim is
infringing your copyrighted work;
provide your full legal name, company affiliation, mailing
address, telephone number, and email address; and
include in the body of your notice the following statement,
followed by your electronic or physical signature: "I hereby state that
the information in this Notice is accurate and, under penalty of perjury, that
I am the owner, or authorized to act on behalf of, the owner, of the copyright
or of an exclusive right under the copyright that is allegedly infringed."
We will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to the
infringing material. Under our own policies, we may in our sole discretion
terminate a visitor’s access to and use of the Services if, under appropriate
circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of the Company or others. In
the case of such termination, we will have no obligation to provide a refund of
any amounts previously paid to us.
Invoicing
We will issue to you a sales invoice upon delivery of the
Product/s purchased.
Shipping, Delivery and Store Pickup Limitations
When an order is placed in the Platform, you have the following
delivery options:
Delivery
We have engaged independent service providers to deliver the
Products to your designated address. To avoid delay or cancellation of
delivery, you have to ensure that you are compliant with the independent
service provider’s shipping restrictions and its terms and conditions. If you
will not be personally available to receive your delivery, please provide an
authorization letter and a government-issued ID to an authorized representative
for timely releasing of your order.
Store Pickup
Products purchased which are for store pick-up (also known as
“Click & Collect”) are subject to store/branch’s pick-up guidelines and
restrictions and the
When the Product is ready for pick-up, you will receive an email
containing message that the Product/s is available for pick-up at your chosen
Click & Collect store branch. Ordered Products may only be picked up at the
Click & Collect store branch chosen during the check out process.
Email sent to you will also contain a security code. Present your
security code to the Click & Collect representative of the chosen store
branch.
If the security code has been lost for whatever reason, you have
to contact Customer Care to request for resending of security code. The
security code will only be sent to the email address provided during
registration.
If the product stored for pick-up is different from the product
purchased through the Platform, you may return the item at any of the Customer
Service counters of any store branches for proper checking and processing in
accordance with our Return and Exchange Policy.
You have five (5) days from receipt of the e-mail to pick-up the
Product purchased through the Platform.
After the lapse of the said period, we will not be under any obligation
to ensure the availability of the Product at the designated branch. We may
cancel the order and refund the payment made, if any, in accordance with our
Return and Exchange Policy.
You may not change the Click & Collect store branch once the
order has been processed.
Delays may unfortunately occur due to high volume of orders,
logistics limitations, geographic restrictions, inclement weather and other
instances that are beyond our control. However, we will do our best to prepare
your orders and have them ready for your pick up or deliver them the soonest we
can.
Return Policy
Return and exchange of Products are subject to our Return and
Exchange Policy.
Termination of Account and Platform Services
We may suspend or terminate your account or your use of the
Platform at any time, for any reason. We reserve the right to change, suspend,
or discontinue all or any aspect of the Platform at any time, without prior
notice. However, you are personally liable for any orders or charges that you
incur prior to termination or suspension of your account and/or Platform
services.
Accuracy of Information
Our Platform may contain typographical errors or inaccuracies and
may not be complete or current. As such, we may correct any errors,
inaccuracies or omissions (including after an order has been submitted) and
change or update information at any time without prior notice. Such errors,
inaccuracies or omissions may relate to pricing and availability, and we may
cancel or refuse to accept any order placed based on incorrect pricing or
availability of information.
Intellectual Property
All information and content available in the Platform, including
but not limited to, trademarks, logos, service marks, features, functions,
text, graphics, logos, button icons, images, audio clips, data compilations and
software, and the compilation and organization thereof (collectively, the
"Content") are our property or the property of our parents,
subsidiaries, affiliates, partners or licensors, and are protected by
international laws, including laws governing copyrights and trademarks.
Except as required under applicable law, neither the Content nor
any portion of the Platform may be used, reproduced, duplicated, copied, sold,
resold, accessed, or modified, or otherwise exploited, in whole or in part, for
any purpose without our express, prior written consent. Nothing contained in
the Platform grants or should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademarks, trade
names, service marks or logos displayed on the Platform, without our written
permission or such third party owner, as may be applicable.
Third Party Links
From time to time, the Platform may contain links to websites,
applications, or online or digital sites or services that are not owned,
operated or controlled by us or our affiliates, subsidiaries or partners. All
such links are provided solely as a convenience to you and are not an
endorsement by us, our parents, subsidiaries, our affiliates or our partners.
If you use these links, you will leave the Platform and your use of the said
links will be at your own risk. Neither we, nor any of our affiliates, subsidiaries
or partners are responsible for any content, materials or other information
located on or accessible from any other website, application, or online or
digital site or service. We are in no way responsible for examining or
evaluating, and we do not warrant the offerings of, off-website pages or any
other websites linked to or from the Platform, nor do we assume any
responsibility or liability for the actions, content, products, or services of
such pages and websites, including, without limitation, their privacy policies
and terms and conditions.
User Information
Other than Personal Data as defined under Republic Act No. 10173
(Data Privacy Act of 2012), which is subject to our Privacy Policy, any
material, information, suggestions, idea, concept, know-how, technique,
question, comment, feedback/review or other communication you transmit, upload,
or post to or through the Platform in any manner ("User
Communications") are and will be considered non-confidential and
non-proprietary. We may use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, deletion and/or marketing in
any manner whatsoever for any or all commercial or non-commercial purposes. We
may, but are not obligated to, monitor or review any User Communications. We
shall have no obligation to use, return, review, or respond to any User
Communications. We will have no liability related to the content of any such
User Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. However, we retain the right to remove any or
all User Communications that includes any material we deem inappropriate or
unacceptable.
Limitations on Liability
We, our parents, subsidiaries, affiliates or partners, or
our/their respective directors, officers, employees, shareholders and agents
will not be responsible or liable for any ordinary, direct, indirect,
consequential, incidental, special, punitive or exemplary damages or any other
losses or liabilities arising out of (a) the use or inability to use the
Platform or any of its services, facilities, software, or information; (b) any
decision made, action or inaction taken by any party in reliance upon the contents
of the Platform; (c) business interruption; (d) delay/interruption in access to
the Platform; (e) transmission blackout, data non-delivery, misdelivery,
corruption, destruction or other modification; (f) loss or damages of any sort
incurred as a result of accessing the third party links on the Platform; (g)
computer viruses, system failures, malfunctions or any breach in connection
with use of the Platform; (h) any information obtained from the Platform; (i)
any delays, inaccuracies, errors in or omissions in the content of the
Platform; (j) use of the Product; (k) delay in the delivery of the Product; and
(l) breach by independent service providers.
For the Product purchased, your sole remedy, if any, is with the
manufacturer or supplier of the Product, in accordance with such manufacturer’s
or supplier’s warranty, or to seek a return or refund for such Products in
accordance with our Return and Exchange Policy.
Revisions to the Terms of Use
Our online services will continue to evolve to bring you new
features and services and to implement technological advances. As a result, we
may change these Terms from time to time without prior notice. Revised versions
of these Terms will be posted on this page, together with an updated effective
date. In some cases, we may also send an email or other communication notifying
users of the changes. You should check this page periodically to see if there
are any recent changes to these Term. By downloading, installing, accessing or
using any of our online services after we post any such changes, you agree to
the updated Terms. Your continued use of any our services shall be deemed as
acceptance of any of the revisions.