1.3 By accessing and/or using the Website and/or any of our Services, you warrant that you are at least 18 years of age. If at any time it is discovered that you are not at least 18 years of age, we shall be entitled to close or suspend any user account registered by you without any liability to you.
2.1 Your access and/or use of our Website and any of our Services is subject to our Privacy Statement, which may be found at https://www.urbanfox.store/privacy-statement.
2.2 You represent that all information submitted via the Website is accurate, complete, up-to-date and not misleading. Where you submit information through our Website, you will be regarded as having agreed and consented to our collection, use, process, disclosure, management and transfer of all such information in the manner described in our Privacy Statement.
3.1 In using the Website and/or any of our Services, you agree and undertake not to:
3.1.1 impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party;
3.1.2 use our Website or Services for unlawful purposes or criminal activity;
3.1.3 disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise objectionable material;
3.1.4 transmit material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
3.1.5 promote or transmit, or use any software material which contains or may promote or transmit, a virus or other malevolent and technologically damaging code or data;
3.1.6 infringe upon any other person’s proprietary rights (including without limitation making, transmitting or storing electronic copies of materials protected by intellectual property rights without the permission of the owner);
3.1.7 send or promote any unauthorised material for advertising purposes or otherwise;
3.1.8 attempt to gain unauthorised access to or otherwise interfere with the performance, operation or functionality of any computer facilities of and/or accessed through the Website;
3.1.9 interfere with another person’s experience of the Website or any of our Services; or
3.1.10 use the Website other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.
3.2 We reserve the right, but have no obligation, to:
3.2.1 check, vet and/or control any activity, content or information occurring on or through the Website and any of our Services;
3.2.3 report any suspicious activity concerning the possible transgression of any applicable law, statute or regulation to the appropriate authorities and to cooperate with such authorities;
3.2.4 request, at any time, such information relevant to your use of the Website and any of our Services, and suspend or close your user account if we have reason to suspect you of providing incorrect, disingenuous or fraudulent information, or if you declined to disclose such information required for the continued usage of the Website and any of our Services; and/or
4. Availability of Website and/or Services
4.1 Due to the nature of the Internet, we cannot guarantee that the availability of the Website or any of our Services will be uninterrupted and that any transmissions will be error-free. You acknowledge that your access to and/or use of the Website and/or any of our Services may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services.
4.2 We may at any time, and without giving any reason or notice, upgrade, modify, suspend, discontinue or remove any or all aspects of the Website and/or any or all of our Services and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal hinders your access to and/or use of the Website or any of our Services.
5. User Accounts
5.1 The availability or accessibility of some Services may require the registration of a user account with us and the submission of personal data.
5.2 When you register for a user account with us, you will be required to create a username and password. Your username and password may be accepted or rejected at our sole and absolute discretion. You agree to keep the details of your username and password confidential. You shall be solely responsible for the security of your user account, and shall be solely liable for any disclosure or use (whether authorised or not) of any details of your user account (including the username and/or password for such user account). You shall notify us immediately if you have reason to suspect that the confidentiality of the username and/or password has been compromised, or if such username and/or password have been used without prior authorisation. If we have reason to believe that there is likely to be a breach of security or misuse of the user account, we may require you to change your username or password, or we may suspend your user account without prior notice.
5.3 We may suspend or close your user account and/or invalidate your username and/or password at our discretion without giving any reason or prior notice. We shall not be held liable or responsible for any losses suffered by you arising out of or in connection with such suspension, closure, prohibition, restriction or invalidation.
5.4 You recognise that any access to and/or use of the Website or any of our Services, and any information, data or communications referable or traceable to your username and password shall be deemed to be: (a) access to and/or use of the Website and/or such Services by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by such access to and/or use of the Website and/or our Services even if you did not authorise such use, and you agree that we are entitled, but not obliged, to act upon and hold you responsible and liable for such action, as if it was carried out or transmitted by you. You also agree to indemnify us entirely against any and all losses attributable to any access to and/or use of the Website and/or the Services referable or traceable to your username and password.
6. Intellectual Property
6.1 The content of the Website is protected by copyrights, trade marks, database rights and other intellectual property rights. All intellectual property available on and/or through the Website are owned by, licensed to and regulated by us or our licensors. You are not permitted without our consent to publish, manipulate, distribute or reproduce, in any style or form, any of the content or copies of content which occurs on the Website or which you are supplied, nor may you employ any such content for the purpose of any commercial or business enterprise.
6.2 You are not permitted to modify, translate, reverse engineer, decompile, disassemble or create derivative works founded upon any software or documentation provided by us or our licensors.
6.3 The trade marks, service marks, trade names and logos used and displayed on the Website (the “Trade Marks”) are registered and unregistered trade marks of us and others. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trade Marks displayed on the Website, without the prior written permission of us or any other applicable trade mark owner.
7. User Submissions and Information
7.1 You may submit materials and information including, but not limited to, questions, reviews, comments and suggestions for publication on the Website. By submitting material to the Website, you hereby grant us a non-exclusive license to use, reproduce, modify, publish, display, transmit, adapt and create derivative works from such material and/or to incorporate it in other works in any form, media or technology now known or later developed. Further, by posting comments or reviews to the Website, you agree to grant us the right to use the submitted name, or the username, referable to said review, comment or other content. You shall not use a false email address, act as a person who is not yourself or otherwise deceive or misinform us or third parties about the source of any submissions. You acknowledge that we are under no obligation to publish any material submitted by you, and may edit or remove any previously submitted materials from the Website at any time.
8. Hyperlinks and Advertising
8.1 You may create a link to our homepage at https://www.urbanfox.store, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest a form of association, approval or endorsement on our part where none exists.
8.2 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission by giving notice without specifying any reason.
8.3 For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties, and which are not under our control. We shall not be responsible for content on any site outside our Website (including without limitation, for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents of , or the consequences of accessing, any linked website). You agree that your access to or use of such linked websites or content is entirely at your own risk.
8.4 Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We shall not be responsible to you for any such advertising or sponsorship material (including any error or inaccuracy in any such advertising and sponsorship material).
9. Limitation of Liability
9.1 The material and information displayed on the Website is provided on an “as is” basis without any guarantees, conditions or warranties as to its completeness or accuracy. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are made by us.
9.2 Without prejudice to the generality of Clause 9.1, we do not warrant:
9.2.1 that the Website or any of our Services will meet your requirements;
9.2.2 the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website or any of the Services;
9.2.3 that the Website, the Services or any material or information obtained through the Website or Services will be provided uninterrupted, secure or free from errors or omissions;
9.2.4 that the Website, the Services or any material obtained through or from the Website or Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or
9.2.5 the security of any information transmitted by you or to you through the Website or the Services, and you accept the risk of such occurrences and that any material or information transmitted or received through the Website or Services may be accessed by unauthorised third parties.
9.3 Unless expressly stated to the contrary to the fullest extent permitted by law, we, our suppliers, content providers, sponsors 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 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 includes any losses whatsoever or howsoever caused arising directly or indirectly in connection with (a) any access, use and/or inability to access and/or use the Website or any of our Services; (b) reliance on any material or information made available through the Website or any of our Services; or (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same. However, this does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
11.1 All notices or other communications given to you will be deemed received by you on:
11.1.1 if sent via any print or electronic media that we select, the date of publication or broadcast;
11.1.2 if sent by post, or left at your last known address, the day after such posting or on the day it was left at you’re your last known address; or
11.1.3 if sent by email, the time at which the email was sent by us.
11.2 You may only send us notices in writing to our designated address or email address. We shall be considered as having received such notice only upon receipt. Though we endeavour to respond to customer notices as swiftly as we are able, we cannot promise to always answer with consistent speed.
12. Assignment, Sub-Contracting and Delegation
13. Cumulative Rights and Remedies
15. Illegality and Severability
17. Third Party Rights
18. Entire Agreement
19. Governing Law and Jurisdiction
20. Dispute Resolution
20.2 Such arbitration shall be conducted in accordance with the Rules of the Singapore International Arbitration Centre (“SIAC”)for the time being in force (“Rules”), which Rules are deemed to be incorporated by reference into this Clause 20.2 except as such Rules conflict with the provisions of this Clause 20, in which event the provisions of this Clause 20 shall prevail.
20.3 Any arbitration commenced pursuant to this Clause 20 shall be conducted by one arbitrator nominated by the President of the Court of Arbitration of the SIAC. The language to be used shall be English and all written documents provided in any such arbitration shall be in English.
20.4 Any arbitration award made pursuant to any arbitration commenced pursuant to this Clause 20 may be enforced by the relevant party against assets of the other party wherever those assets are located or may be found, and a judgment upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, we and you expressly submit to the jurisdiction of any such court.