1. Acceptance of Terms
1.1 This website is owned and controlled by Auctionjia Pte. Ltd. (“Auctionjia”). By accessing and/or using this website, you agree to accept and abide by the terms and conditions stated herein in consideration for your access and/or use.
1.2 If you do not agree to the terms and conditions below, please do not continue to access or use this website or any pages thereof. Use of this website is limited to adults aged twenty-one (21) and above.
1.3 Auctionjia reserves the right, at its sole and absolute discretion, to change, modify, add, or remove part or parts of these terms and conditions at any time and any such change, modification, addition or deletion shall be effective upon its posting at this website. Your continued use of this website following the posting of changes to these terms and conditions will mean you accept those changes.
2. Compliance
2.1 You undertake to comply with all applicable laws, regulations and directives including, without limitation, the laws of Singapore, relating to the access of this website.
2.2 You undertake to comply with all directives we issue from time to time relating to this website.
2.3 You acknowledge that Auctionjia may at any time, ban or suspend you from using the website at its sole and absolute discretion.
3. Intellectual Property
3.1 All information featured on the website, whether text or images, is protected by copyrights and trademarks, and is owned or licensed by Auctionjia. The design and layout of this website is protected by intellectual property and other laws and may not be copied or imitated in whole or in part.
3.2 You may not modify, copy, post, hyperlink, copy, upload, download, display, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any materials, information, data, coding, scripts, text, , software, logos, graphics, sounds, images, products or services obtained from this website or any part of this website (hereinafter “Materials”) without our express consent. Use of any device, robot, spider, tool or manual process to monitor or copy the pages on this website is strictly prohibited. You may wish to note that unauthorised use of the Materials may amount to a violation of intellectual property laws.
4. Restrictions on Use
4.1 You agree not to use any device, software or process or do anything which may interfere or attempt to interfere with the accessibility, proper functioning or operation of the website or any transaction being conducted on the website.
4.2 You further agree not to do anything which may impose a disproportionately large load on Auctionjia’s website’s system or server.
5. Disclaimers
5.1 The Materials made available on this website is for general informational purposes only. It does not constitute professional advice and must not be relied on as such. Auctionjia is not giving or purporting to give any professional advice of any kind to you. In particular, you should not rely on any information, materials or statements as being factually correct and accurate about the properties displayed on the website. All photographs, diagrams, lines on maps, reports, surveys, dimensions, sketches and other information provided by Auctionjia in respect of any property are estimations and approximations only and may be subject to errors and/or inaccuracies.
5.2 Auctionjia is not responsible for and does not endorse any opinions, views, advice, opinions and recommendations, if any, that appear from the website.
5.3 The Materials may have been obtained from external third party sources and Auctionjia is not responsible for ensuring the reliability or integrity of the same.
5.4 Auctionjia does not make any warranty or representation as to the reliability, accuracy, completeness, timeliness, fitness for any particular purpose or truthfulness of the Materials on the website. The Materials may include inaccuracies, errors and be incomplete.
5.5 To such extent permitted by law, Auctionjia disclaims any and all liabilities as to the safety or integrity of this website. Auctionjia does not represent or warranty that the website is free of errors, bugs and viruses. You use this website at your sole risk and Auctionjia is not responsible for any damage or loss you occasion from accessing or using our website.
5.6 Auctionjia does not warrant that the website will not always be uninterrupted or be error-free or without defects, technological issues, faults or lapses. Auctionjia shall not be liable or responsible for any corruption, erasure of the Materials of the website, or any delays in operation or performance relating to the website.
5.7 Links on this website may lead to servers maintained by individuals or organisations other than Auctionjia. Auctionjia makes no representation or warranty regarding the accuracy, correctness, timeliness, reliability, suitability or any other aspect of the information located on such servers and neither monitors nor endorses such servers or content. If you link to this website Auctionjia may require you at any time at its discretion to remove such link.
6. Indemnity
You agree that you will indemnify and keep Auctionjia indemnified at all times against all losses, damages, costs, charges and expenses (including legal costs) which they may sustain or suffer in connection with a breach of any of the terms of this Agreement, including without limitation any loss sustained by Auctionjia as a result of your acts or omissions which results in impairment of accessibility, operation and/or proper functioning of the website.
7. Agency
The agreement herein does not create any agency, partnership, joint venture or employment whatsoever between the parties hereto.
8. Data Protection
8.1 You acknowledge that you have read and understood Auctionjia’s data protection policy which is available at www.auctionjia.com.sg. which explains the purposes for which Auctionjia may collect, use, disclose and process personal data of natural persons.
8.2 You consent to Auctionjia’s collection, use, disclosure and processing of your personal data in accordance with Auctionjia’s data protection policy and the terms and conditions of this Agreement.
8.3 Where personal data or information of individuals other than yourself have been disclosed by you to Auctionjia, you confirm and warrant that you have provided notice to and procured the prior consent of such individuals to allow Auctionjia, its related corporations, agents and business partners to process such personal data and information. You warrant that the personal data provided to Auctionjia is true, accurate and complete. If you or such individuals withdraw consent for any or all of such purposes at any time and if such consent is withdrawn, Auctionjia may not be able to continue to provide the services or products or use or disclose the personal data or information for the purposes as stated in Auctionjia’s privacy policy unless you or such individual, as the case may be, subsequently give their separate express consent to Auctionjia.
8.4 You grant to Auctionjia your consent to use the personal data and the information of individuals disclosed by you to Auctionjia for the purposes of sending advertising, marketing and promotional materials in relation to the products or services of Auctionjia.
8.5 Any consent given in relation to personal data shall survive the death, incapacity, bankruptcy or insolvency, as the case may be, of the giver of such consent and the termination of this Agreement.
8.6 In the event of any conflict or inconsistency between this Agreement and Auctionjia’s personal data protection policy, the terms and conditions of this Agreement shall prevail.
9. General
9.1 If you are an entity comprising two or more persons, all covenants, agreements, representations, warranties, undertakings, stipulations, conditions and other provisions of this Agreement shall be deemed to apply to and be made jointly and severally.
9.2 This Agreement shall be binding upon and inure to the benefit of Auctionjia and its successors and permitted assignees or transferees. You may not assign or transfer any of your rights or obligations (or any part thereof) under this Agreement save with our written consent. We may assign all or any part of our rights and transfer all or any part of our obligations under this Agreement to any person as we may in our sole and absolute discretion think fit.
9.3 Each of the provisions of this Agreement is severable and distinct from the others and if at any time one or more of such provisions or any part thereof is or becomes invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired but this Agreement shall be construed as if such invalid, unlawful or unenforceable provision had never been contained.
9.4 No variation, modification or waiver of any provision of this Agreement nor consent to any departure by any party, shall in any event be of any force or effect unless the same shall be confirmed in writing, signed by that party, and then such variation, modification, waiver or consent shall be effective only to the extent for which it may be made or given.
9.5 Any waiver of a breach or default of any of the provisions of this Agreement given by Auctionjia shall not be construed as a waiver of any succeeding breach of the same nor shall any delay or omission on Auctionjia’s part to exercise any right or power or privilege under this Agreement operate as a waiver of any breach or default.
9.6 This Agreement supersedes all prior agreements, arrangements and understandings between you and Auctionjia and shall constitute the entire agreement between the parties.
9.7 Any document, notice or demand required, given or made by Auctionjia may be given to you by personal service on you, or your officers or partners, by ordinary post or by leaving the same to or at your place of business or registered office or last known address, by facsimile at your last known or published facsimile number, by electronic mail sent to such electronic mail address last known or provided to Auctionjia, by publication in Auctionjia website, by publication in a local newspaper, by telephone, by sms or by any means or media Auctionjia deems fit at its sole and absolute discretion. Such document, notice or demand shall be deemed to be received at the time of delivery (where by hand or leaving), on the date immediately after the date of posting (if by registered post), upon documentary confirmation of transmission (if by facsimile), at time of sending (if by electronic mail or sms), at time of publication (if by statement of account, website or newspaper) or at the time of receipt of the call (where by telephone).
9.8 Auctionjia may serve a writ of summons, statement of claim, statutory demand, bankruptcy application or any legal, enforcement or originating process in respect of any claim, action or proceeding under this Agreement on you by leaving it at, or sending it by ordinary or registered post to, your last known address (whether within or outside Singapore and whether such address is a post office box or is a place of residence or business) as may be provided to Auctionjia or to Auctionjia’s solicitors, or by way of electronic mail sent to such electronic mail address last known to Auctionjia or provided by you. Such legal process or document is deemed to have been duly and personally served on you on the date of delivery if it is delivered by hand, or on the date immediately after the date of posting if is it is sent by post (notwithstanding that it may be returned to Auctionjia undelivered), or at the time of sending (if by electronic mail). Nothing in this clause shall affect Auctionjia’s right to serve legal process by any other manner permitted by law.
9.9 Auctionjia shall not be deemed to be in breach of any of its obligations hereunder by reason of any delay in performing or non-performance of its obligations under this Agreement where such delay or failure was due to any cause or factor beyond Auctionjia’s control, including without limitation:-
(a) any act of God including but not limited to fire, explosion, natural catastrophe, earthquake, flood and drought;
(b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
(c) rebellion, revolution, insurrection, or military or usurped power, or civil war;
(d) change in monetary and political condition of any country;
(e) civil disturbances, riot, commotion, strikes, go slows, lock outs or disorder;
(f) disruption or failure to any power supply or transmission or communication lines;
(g) failure of any mechanical, electronic or electrical or data processing system or equipment;
(h) acts or threats of terrorism; and
(i) any event or factor in the nature of a force majeure.
9.10 Unless expressly provided to the contrary in this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term or condition of this Agreement.
9.11 This Agreement shall be governed by and construed in accordance with the laws of Singapore. You irrevocably submit to the non-exclusive jurisdiction of the Singapore courts.
10. Interpretation
10.1 Words importing the singular number only shall include the plural number and vice versa.
10.2 Words importing only one gender shall include any gender and the neuter gender.
10.3 Headings of clauses have been inserted for guidance only and shall not be deemed to form any part of the context or be taken into consideration in the interpretation of this Agreement.
10.4 References to a person shall be construed as including an individual, sole proprietorship, firm, company, corporation, government, unincorporated body of persons, state or agency of a state or any association or partnership (whether or not having separate legal personality) or two or more of the foregoing.
10.5 References to parties shall include their successors-in-title, assigns, transferees and/or personal representatives.
10.6 References to times of day shall unless otherwise stated be references to Singapore time.
10.7 References to a day, month or year shall unless otherwise stated be construed by reference to the Gregorian calendar.
10.8 Any reference to any statute or legislation shall be deemed a reference to such statute or legislation as amended from time to time or to a newly adopted statute or legislation replacing a repealed statute or legislation and be deemed to include any subsidiary legislation made thereunder.