Terms & Conditions
Date of last revision: 1 January 2023
1. TERMS; ACCEPTANCE
3. USER ACCOUNTS
To obtain access to enhanced features for certain products, and/or access to certain features or promotions on the TNS Site, at your option you can register for an account. Registration must only be done by individuals who can form legally binding contracts under Singapore law; who are at least 18 years of age; and are not barred from using TNS services under any applicable laws.
If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify TNS immediately of any unauthorized use. TNS reserves the right to refuse service or terminate accounts if you fail to adhere to these Terms or any additional terms that may apply to these services, at TNS's reasonable discretion.
You must provide a unique email and password for purposes of accessing your registered account with TNS . You will be asked to provide a password upon registration, and you are responsible for: (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your account; (iii) be responsible for any purchases and activities that are submitted under this password; (iv) ensuring that all details provided during registration or any other time are correct and complete. Any changes to details provided during registration must be updated by informing TNS.
You agree to immediately notify TNS of any unauthorised use of your password or account or any other breach of security by contacting TNS. We reserve the right to refuse, suspend or terminate the registration of any individual or corporate member and/or the use of any TNS service at any time for any reason, including and not limited to following:
a. Dormant Customers;
b. Accounts of Customers that we suspect have been compromised or used in breach of these terms and conditions; and/or
c. A Customer using multiple accounts to deliver to same address.
You acknowledge and agree that TNS may, to the extent permitted by applicable laws, access, preserve, and/or disclose your account information, all communications to and from you, all information relating to your use of TNS services, if TNS is required to do so by law or legal process or if TNS determines, in its sole discretion, that such action is necessary to protect the rights of TNS, third parties, and other users of TNS or for purposes of responding to your request for customer service.
4. PRODUCT UNAVAILABILITY
In the event that a product becomes unavailable for whatever reason after an order is accepted, TNS reserves the right to process the other products in your order. If any item you have ordered is not in the confirmation, it is with much regret that we inform you that the said item is unavailable. Special offers are valid only while stocks last. We reserve the right to reject, and/or limit quantities on any order received.
5. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of TNS. All such rights are reserved by TNS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the TNS Site is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system; mobile; handheld or portable device or any loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the TNS Site.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and TNS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
7. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. TNS and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TNS liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms and any dispute that might arise between you and TNS in relation to your use of the TNS site and these Terms. Any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
8.2 ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT
These terms and other legal notices published by TNS on the TNS Site applicable to an activity you engage in shall constitute the entire agreement between you and TNS concerning the TNS Site. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and TNS's failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the TNS Site must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but TNS may assign these Terms without restriction.
You agree to indemnify, defend and hold TNS, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the TNS Site and/or any action by you which violates any law, regulation or rights of a third party.
8.4 LINKS TO THIRD PARTY WEBSITES
Without prior notice, TNS may terminate your user account if you violate or breach the Terms or for any other reason, including TNS's discontinuance of the TNS Site. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.
If TNS is unable to perform any of its obligations under these T&Cs due to a Force Majeure Event, TNS shall be excused from whatever performance is impaired by such Force Majeure Event, provided that TNS promptly, upon learning of such Force Majeure Event and ascertaining that it will affect its performance hereunder, (a) promptly gives notice to you and any action being taken to avoid or minimize its effect; and (b) uses its reasonable commercial efforts to remedy its inability to perform. The suspension of performance shall be of no greater scope and no longer duration than that which is necessary. A “Force Majeure Event” shall be an event arising from causes beyond the control of TNS, including but not limited to, acts of God or public enemies, acts of civil or military authority, labour disputes, fires, riots, wars or conditions of war, embargoes, accidents, epidemics, floods or other unusually severe weather, closing or obstruction of highways, bridges or ferries, any of which have a material, substantial and adverse effect on TNS’s ability to perform.