Terms and Conditions

 

USER AGREEMENT

The following describes the terms on which TRAXX Trading Pte Ltd, TRAXX IT Services Pte Ltd, TRAXX Payments Pte Ltd, and TRAXX Asia (Hong Kong) Co., Ltd offers you access to our services.

Introduction

Welcome to SGBestBuy. By using the SGBestBuy website including its related sites, services and tools (the "Website" or “Marketplace”), you agree to the following terms, including those available by hyperlink, with TRAXX and its affiliates (the "Company") and the general principles for this Website. If you have any questions, please refer to our Help section.

 

This Agreement is effective on 7th May 2018 for all users of the Website.

Scope

Before you may become a member of the Website, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use our Website and services, or when you use the tools we make available to interact with our Website and services.

SGBestBuy is a Venue

SGBestBuy acts as a venue to allow users who comply with SGBestBuy's policies to offer, sell and buy goods and services. SGBestBuy is not directly involved in the transaction between buyers and sellers.

Consequently, SGBestBuy does not transfer legal ownership of items from the seller to the buyer.

You agree that SGBestBuy is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on SGBestBuy. You use the SGBestBuy's services at your own risk.

Your Account

Eligibility: SGBestBuy's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SGBestBuy may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use SGBestBuy's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by SGBestBuy's policies as stated in the Agreement and the Privacy Policy as well as all other operating rules, policies and procedures that may be published from time to time on the Website by SGBestBuy, each of which is incorporated herein by reference and each of which may be updated by SGBestBuy from time to time without notice to you.

In addition, some services offered through the Website may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SGBestBuy of any unauthorized use of your password or any breach of security. You also agree that SGBestBuy cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than SGBestBuy without SGBestBuy's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your SGBestBuy account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Using this Website

While using this Website, you will not:

•    >  Violate any laws, third party rights, or our policies such as the Privacy Policy;
•    >  Use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
•    >  Manipulate the price of any item or services or interfere with other user's listings;
•    >  Circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
•    >  Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
•    >  Take any action that may undermine the feedback or ratings systems;
•    >  Transfer your account to another party without the Company's consent;
•    >  Distribute or post spam, chain letters, or pyramid schemes;
•    >  Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
•    >  Copy, modify, or distribute content from the Website and the Company's copyrights and trademarks;
•    >  Harvest or otherwise collect information about users, including email addresses, without their consent; or
•    >  Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences.

Violations of this policy may result in a range of actions, including:

•    >  Listing cancellation
•    >  Limits placed on account privileges
•    >  Account suspension / termination
•    >  Criminal charges / claim for damages

Abusing our Website

We keep our Website and services working properly and safe. Please report problems, offensive content and policy violations to us.

We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our services and user accounts, prohibit access to our Website and its content, delay or remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Sales Volume

Sellers shall ensure that they are in compliance with the Card Association Rules and Product & Service Rules at all times.

Purchase and Payment

You should carefully read the item detail page and review information such as price, shipping charges, import duty, etc. and terms and conditions for sales before purchasing an item.

We provide convenient payment options such as credit card or debit card processing (only through Visa, Mastercard, JCB, Amex, eNETS, CUP, WeChat Pay) through the seller’s account (“Approved Payment Methods”). Restricted payment options include bank-to-bank transfers, checks, money orders or other online payment services. To help ensure a safe Marketplace, as a seller you shall only use our Approved Payment Methods. We handle all payments for the sale of items through our Website and receive settlement for such transactions, on behalf of each seller.

We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer. We reserve the right to check whether a buyer is duly authorized to use an Approved Payment Method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

Customs

If the country of the seller is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.

Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by the buyer if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact your local customs office for further information.

Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Also, we or sellers may provide certain order, shipment, and product information--such as titles--to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.

International Sales

Sellers may list their items on our Website for international or cross-border trading and it is important that all listings and transactions comply with all applicable laws. Sellers are solely responsible for ensuring that their transactions are lawful in both the country of the seller and the country of the buyer.

Sellers shall ensure that the item they are selling can be lawfully posted and/or shared outside of the country where they live and also make sure that they can lawfully export the item into the buyer's country before sending the item. Sellers should discuss possible export and/or import problems with potential buyers, do careful research, and hire an expert if necessary to make sure that all transactions comply with all applicable laws. For the avoidance of doubt, Sellers shall be responsible for and pay any and all taxes, duties, governmental fees, and other like charges in connection with the manufacturing, sale and exporting of the items.

Sellers may help ensure compliance with applicable laws by following these listing practices:

•    >  State on the item detail page that you will only ship and/or deliver your items to the countries which legally allow the items to be imported.
•    >  Include a clause in the item detail page describing any limitations on the items. For example, "No shipment to Japan".

Please refer to our Prohibited and Restricted Items policy for further information.

Cancellation, Return and Refund, Customer Disputes

Once payment for an order is completed, buyers will not be able to cancel or amend the order. In order to request for an amendment or cancellation, buyers will need to contact the seller. In such cases, the seller has the sole discretion on whether the order can be cancelled or amended.

Sellers are required to replace an item or allow a return if an item is defective or a wrong item has been sent to the buyer. In all other cases, please check the exchange/return policy of the relevant seller, as different sellers may have different exchange or return policies.

We manage refunds on behalf of the sellers. Buyers may be entitled to a refund if an item is faulty, damaged or defective, subject to relevant proof provided, or if an item is not received by the buyer. In such situations, please request for a refund from the seller within five (5) business days from the date of delivery of the faulty, damaged or defective item or within three (3) business days from the passing of the latest estimated shipment date for the undelivered item. In all other cases, please check with the relevant seller as each seller will have its own refund policy. Refunds will be made via the same mode of payment.

In the event of any unresolved dispute between a buyer and a seller, either party may escalate the dispute by writing to support@sgbestbuy.com. We will step in to review the details of the case and resolve disputes between a buyer and seller (the “Parties”) within fourteen (14) business days from the date dispute is filed by providing either:

•    > A decision that is final, conclusive and binding upon the Parties and that the Parties irrevocably waive their right to any form of application, appeal, review or recourse to any court of competent jurisdiction; or
•    > A Money-back Guarantee that ensures that the buyer gets their money returned (funded by us), for the item they ordered from the seller.

In the event that we resolve a dispute in favour of the buyer, the seller authorises us to reverse the funds to reimburse or refund the buyer, and if such funds are unavailable or insufficient, the seller agrees to reimburse us for any amount we refund to the buyer. The seller will remain obligated to pay us for all unpaid amounts and we reserve the right to seek reimbursement through other means.

Please refer to the Frequently Asked Questions and Return Policies published on the Website for further information.

Money-back Guarantee

The Money-back Guarantee ensures that a buyer gets their money back for purchases that cover the following conditions:

•    >  the buyer does not receive an item;
•    >  the buyer reports to the seller that they did not receive the item or requests a return for faulty, damaged or defective items within the respective timeframes above; and
•    >  the buyer made the purchase through our Website via an Approved Payment Method;

The Money-back Guarantee does not cover the following:

•    >  buyer remorse or for any other reason other than those listed in the Return Policies;
•    >  items are damaged during local pick-up and/or delivery of the items;
•    >  local pick-up of the items were not collected by or on behalf of the buyer;
•    >  items not delivered, damaged during collection, or damaged during shipment when the buyer arranges pick-up or delivery of the item; or
•    >  items delivered to another address after original delivery.

After a buyer reports that did not receive an item or requests a return for faulty, damaged or defective items, or requests us to step in and help, a seller’s funds may be set aside by us. Refunds are made to buyers via their original payment method.

Bookings and Cancellation of Appointments

We understand that a situation may arise that may result in you postponing your appointment booking. Please understand that time is a limited commodity and we request your courtesy and understanding.

Once your appointment booking date has been finalised and secured (“Scheduled Appointment”), and payment for the booking fees is completed, your payment is non-refundable subject to the service provider/seller cancelling your Scheduled Appointment.

The order fulfilment period is sixty (60) days (from the date of payment to the date the service is rendered). You shall not be permitted to reschedule your Scheduled Appointment in any circumstances and/or reasons. Further, there shall be no refund under any circumstances if you cancel or are unable to attend your Scheduled Appointment.

If the service provider/seller chooses to cancel your Scheduled Appointment at any point, you shall get a full refund of your payment. Refunds will be made via the same mode of payment.

In the event of any unresolved dispute between a buyer and a seller, either party may escalate the dispute by writing to support@sgbestbuy.com.

Settlement

Joining this Website is free for buyers and we do not charge buyers any fees for purchasing items listed on the Website.

Content

You may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Company and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this User Agreement and/or any applicable laws and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Other Businesses

Parties other than the Company operates stores, provide services, sell products or list advertisement on this Website, and this Website may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their websites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Our Website may contain robot exclusion headers. Much of the information on the Website may be updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

•    >  take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
•    >  copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;
•    >  interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
•    >  bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services. For the avoidance of doubt, if the Company has reasonable grounds to believe that any user is in breach of any of the terms of this Agreement, the Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, the Company may disclose the user's identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if the Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. The Company shall not be liable for damages or results arising from such disclosure, and the user(s) agrees not to bring action or claim against the Company for such disclosure.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Warranties

You will not hold the Company responsible for other users' content, actions or inactions, or items and/or services they list or sell, including things they post. You acknowledge that we are not a traditional online shopping service provider or auctioneer. Instead, we provide an electronic marketplace for buyers and sellers and arrange transactions between buyers and sellers. The Company is responsible for operating and managing its Website and makes reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, authenticity, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items and/or services, the ability of buyers to pay for items and/or services, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.

All materials, information, software, products, services and other content contained in the Website or obtained from a linked site is provided to the user “As Is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied, warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The Company has made reasonable efforts to post current and accurate information on this Website; however, the Company assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this Website. Under no circumstances will the Company be liable for any loss or damage caused by the user’s reliance on information obtained through this Website. It is the user’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this Website is solely at the user’s own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some users.

Limitation of Liability

The user specifically agrees that the Company shall not be responsible for unauthorized access to alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this Website. The user specifically agrees that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The user specifically agrees that the Company is not responsible for any content sent using the communication services and/or included in this Website by any third party.

In no event shall the Company be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from:

•    >  Reliance on the materials presented.
•    >  Costs of replacement goods.
•    >  Loss of use, data or profits.
•    >  Delays or business interruptions.
•    >  Any theory of liability arising out of or in connection with the use of, or inability to use this Website, whether or not the Company has been advised of the possibility of such damages.

No Agency

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Company and any buyer or seller.

Notices

Except as explicitly stated otherwise, any legal notices shall be served on TRAXX IT Services Pte Ltd, TRAXX Payments Pte Ltd, or TRAXX Asia (Hong Kong) Co., Ltd via registered mail, to 9 Tagore Lane, #04-17 9@Tagore, Singapore 787472 or 10/F, Guangdong Investment Tower, 148 Connaught Road Central, Hong Kong SAR or using the Contact Us form (in the case of the Company) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.

Applicable Law and Jurisdiction

By visiting this Website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.

The courts of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between users.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck off and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective fourteen (14) days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.