1. Acceptance of Terms of Use
1.1 By accessing modaliving.com.sg (named here as Site) domain or its applications which is wholly owned by Moda Living Concept Pte Ltd (Moda Living), a company incorporated in Singapore with its principal address at 756 Upper Serangoon Road, #04-27 Upper Serangoon Shopping Centre, Singapore 534626, visitors or users to this Site agree to be bound by the following Terms of Use and our Privacy Policy available for access at https://modalivingconcept.com.sg/privacy-policy
1.2 Moda Livingreserve the right in its sole discretion to amend and update these Terms of Use from time to time. You are hereby requested to review our Terms of Use frequently so you can be updated of any amendments to the Terms of Use.
1.3 By continuing to access or use our Site, you are deemed to have read and understood the Terms of Use and agreed to be bound by the same, as well as any amended version thereof.
1.4 Other terms and conditions relating to acceptable modes of payment, shipping &delivery of purchased product, return & refund policy, warranty policy, etc) can be found on this Site pages footer which also constitute the terms and conditions of the Services incorporated by reference into this Terms.
2. Definitions
2.1 “Content” shall mean any or all content available on this Site including any data, text, software, product description & details, images, graphics, videos including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site
2.2 “Intellectual Property Rights” means all intellectual property rights including, but not limited to, copyright, patents, logos, trademarks or business names, design rights, database rightsin connection with the Site, Services and/or Content
2.3 “Moda Living”, “we”, “us”, “our” means, for the purposes of this Terms and the Privacy Policy, Moda Living Concept Pte Ltd
2.4 “Personal Data or Information” constitutesinformation provided by our customers that is of a personal nature like Name, address, contact number, email, payment details if any.
2.5 “User(s)”, “you”, “your” means, for the purposes of this Terms and the Privacy Policy, any user of the Site and/or Services, including end-customers.
3. Use of this Site & its Content
3.1 You agree to use the Site and Services solely for the purpose of furniture purchase
3.2 You will not impersonate, falsely state and misrepresent yourself as another personand you warrant that any personal data you voluntarily provide to us is genuine and accurate and current
3.3 You may abstract product information from the Site only as necessary solely for your personal consideration of purchase. You agree not to otherwise reproduce, modify, distribute any portion of the Site information for any other commercial purposes.
3.4 Users must not attempt to gain unauthorized access to other User’s Account through means of hacking, mining or any other illegal means
3.5 Users may not harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or any other form of communication.
3.6 Moda Living reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.
4. Your Account
4.1 Users are required to sign up and maintain an account with Moda Living in order to make a purchase.Whenusers dosign up for an account, Users agree to provide true, accurate, current and complete personal information as required by the sign up form. By signing up and registering an account, users authorise Moda Living to collect, store, retain, process and use your Personal Data provided to Moda Living in accordance with our Privacy Policy. Moda Living reserves the right, in its sole discretion, to approve or refuse registration of an account.
4.2 Users are solely responsible for theiraccount and it is highly recommended not to share and allow any other individual their confidential login information and to use their account. In the event, users permitting any other individuals to access, use or administer their accounts for and on behalf of users, users will remain fully liable under this Terms of Use. Users are solely responsible for maintaining the confidentiality of their password and other information relating to their Accounts and any activities that occur under their account. Moda Living will not be liable for any monetary loss arising from users’ failure to comply with this provision.
4.3 By registering an Account, Users and Authorised Users agree to receive informative, promotional or marketing emails or messages in connection with the Site and/or Services
5. Our Products, Product Pages
5.1 Product images on the Site are for illustration purposes only and may differ from actual product delivered especially when it comes to material colour, texture, sewn or trim lines. Users are encouraged to refer to the product description and detailed specifications stated for actual representation of product. Do note when comes to material colour, it is inherent there will be colour deviation between product images displayed and actual product delivered to users.
5.2 Product prices shown on the Site are quoted in Singapore dollars. These stated product prices do not include any applicable tax, delivery or other charges unless otherwise stated.
5.3 All products sold through the Site are intended for domestic use and not for commercial or industrial use unless otherwise stated or agreed by Moda Living. Commercial or industrial use of the products may cause the applicable product warranties to become void.
5.4 In the event when a product is priced erroneously due to human error or software malfunction, Moda Living expressly reserves the right not to honour purchases with pricing errors on the Site. In such cases,users will be notified and the order will be cancelled. Any payments made for that order will be refunded in full in accordance with our refund policy and procedures.
5.5 Moda Living reserves the rightand sole discretion to amend product prices including delivery charges at any point in time.
6. Payment
6.1 Userswill use Moda Living accepted Payment Method of credit card or PayPal via PayPal payment gatewayfor product purchase. The terms of payment will be based on the agreement by user with PayPal, credit/debit card issuer or any other provider of the selected Payment Method.
6.2 All payments accepted by Moda Living will be in Singapore dollars
6.3 Moda Living will not have the means to collect, store, retain, process and use the confidential credit/debit carddetails of users. Users’ credit/debit card information will be stored and processed by PayPal.Thus, Moda Living disclaims all liabilities associated with the security of the selected Payment Method or users’ credit card information. Users shall be responsible to resolve any disputes with their financial institution, credit/debit card issuer or PayPal.
7. Warranties, Disclaimer, Indemnity and Limitation of Liability
7.1 Warranties
7.1.1 Your deliberate access & use of this Site is by your own voluntary action. We disclaim any or all warranties of any kind, whether express or implied. Mod Living will not provide any warranty for the followings:
- the Website will have 100% uptime and data content accuracy
- the Website will meet your requirements despite our continuing technology upgrading efforts to achieve optimal user experience
7.2 Indemnity
You agree to indemnify and hold us, and affiliates, officers, agents or other partners, and employees, harmless from any loss, liability, claim or demand, including attorneys’ fees, made by any third party due to or arising out of any content that you submit, post or your use of the Website, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another party.
5. Limitation of Liability
To the fullest extent permitted by Law in no event will Moda Living or any of its employees, agents or suppliers be liable to any Party or person for any damages or costs, resulting from
- the use or the inability to use the Website
- unauthorized access to or alteration of your transmissions or data
- any other matters relating to the Website.
8. Term, Suspension and Termination
8.1 The agreement between Moda Living and each User under this Terms shall take effect upon the User’s commencement of the use of the Site and/or Services, or registration of an Account, and will remain in full force and effect for as long as relevant User continue to use the Site and/or Services.
8.2 Moda Living may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, Services and/or its Account under this Terms in the event of any actual or suspected breach of any provisions under this Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. Moda Living reserves the right to remove and discard data in and content of the User’s Account.
8.3 Upon termination of the agreement with a User pursuant to this Terms, the User’s access rights to the Site and/or Services and other rights hereunder shall terminate.
9. General
9.1 This Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by Users without Moda Living’s prior written consent.
9.2 Governing Law
Irrespective of the country from which Users access or use the Site and/or Services, to the extent permitted by law, this Terms and Users’ use of the Site and/or Services shall be governed in accordance with the laws of Singapore and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with this Terms.