ettusais | terms & conditions

1. Introduction

Thank you for visiting the Ettusais Singapore web site ("the Site").

We, Shiseido Singapore Co. (Pte) Ltd, have set up this Site for the purpose of providing you with information and updates on our Ettusais products.

These terms and conditions ("Terms and Conditions"), which include our Privacy Policy, govern your access to this Site ("the Agreement").

PLEASE READ CAREFULLY THROUGH THE ENTIRE TERMS AND CONDITIONS. YOU ARE REQUIRED TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, PLEASE EXIT NOW.

By continuing to access or use the Site, you hereby declare and agree to enter into the Agreement with Shiseido Singapore Co. (Pte) Ltd and to be bound by all of these terms and conditions (as may be amended, modified or varied by Shiseido Singapore Co. (Pte) Ltd at its sole discretion from time to time) at any time. Any such change, modification, addition or deletion shall be effective upon its posting at the site. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED ACCESS AND USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

2. Privacy

Please view our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.

3. Products

3.1 Any samples or limited edition premiums which we may provide to you through this Site are for your personal use only. You may not sell or resell any of the samples or limited edition premiums which you receive from us.

3.2 We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free.

4. Intellectual Property Rights

4.1 All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Shiseido Singapore Co. (Pte) Ltd, Et tu sais Co., Ltd and/or, our affiliates, and is protected by Singapore and international copyright laws.

4.2 All trade marks, logos, and service marks displayed on the Site (collectively, the "Trade Marks") are the registered and unregistered marks of Shiseido Singapore Co. (Pte) Ltd, Et tu sais Co., Ltd and/or our affiliates, and are protected by Singapore and international trade mark laws.

4.3 No material from the Site, including the Content and the Trade Marks, may be reproduced, republished, uploaded, transmitted, broadcast or distributed in any way without our prior written consent, permission or approval.

4.4 Modification of any of the materials from the Site or use of the materials for any other purpose will be a violation of the copyright, the trade mark rights and other intellectual property rights of Shiseido Singapore Co. (Pte) Ltd, Et tu sais Co., Ltd and/or our affiliates.

4.5 You shall use your best endeavours to protect our intellectual property rights or any derivation thereof, and shall inform us immediately if you learn of any infringement, misappropriation, improper or wrongful use of the same.

5. Limited Licences

5.1 We grant you a limited and revocable license to access the Site. This limited license DOES NOT include the right to: -

(a) frame or utilize framing techniques to enclose the Site or any portion thereof;

(b) modify or download the Site or Content (except caching or as necessary to view the Site);

(d) create any derivative work based upon either the Site or Content;

(e) collect account information for the benefit of yourself or another party;

(f) use any meta tags or any other "hidden text" utilizing our name or the Trade Marks or to otherwise use the Trade Marks; or

(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

5.2 Any unauthorized use by you of the Site terminates the limited licences set forth in this Clause 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

6. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or features that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Shiseido (Singapore) Pte Ltd, Shiseido Co., Ltd, our affiliates, partners or licensors.

7. Secure Access

7.1 If you have been issued with a user name, a user ID and a password, you are entirely responsible for maintaining the confidentiality of your designated user name, user ID and password and shall not at any time disclose your designated user name, user ID and password to any other person. You shall exercise all reasonable care to prevent the disclosure or unauthorized use of or publication of the user name, user ID and/or password. You also agree to accept responsibility for all activities that occur under your username, user ID and/or password.

7.2 We shall not be in any way responsible or liable to you or any other person if any person apart from you or your authorized representatives should obtain possession of or use your username, user ID and/or password. We are entitled to deem any information or instructions issued using your user name, user ID and password originates from you.

7.3 You agree to notify us immediately of any unauthorized disclosure and/or use of your designated user name, user ID and password, and/or any other breach of security in relating to your use of the Site.

7.4 You acquire no rights to your designated user name, user ID and/or password and we reserve the right to change the same at our sole discretion without being liable to you for any loss or damage suffered by or caused to you, or arising out of , in connection with or by reason of such change.

7.5 Your access to the Site shall be subject always to our right from time to time and at any time to shut down the Site for any duration for the purpose of upgrading, maintaining or investigating the Site or for any reason which we, in our absolute discretion, deem appropriate or necessary. We shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of, in connection with or by reason of such shutting down of the Site.

7.7 We do not guarantee the continuous availability or access to the Site. We also reserve the right to change the look and feel of the Site or any part thereof from time to time.

7.8 We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control including but not limited to electrical, electronic, technical and computer-related faults and breakdowns, fires, strikes (of our or other employees), insurrection or riots, embargoes, the requirements of any civil or military authority, civil commotion, power failure, war, acts of foreign enemies, acts of terrorism or other disturbances or perils of a similar or analogous nature ("Force Majeure Event"). We shall for the duration of such an event, be relieved of any such obligation under this Agreement as affected by the said event PROVIDED that the provisions of this Agreement shall remain in force with regard to all other obligations under this Agreement that are not affected by such event and PROVIDED further that the parties shall resume their full obligations under this Agreement upon the cessation of such event.

7.9 You agree and acknowledge that any data, enquiry or request made or submitted electronically to the Site is subject to the risks of the occurrence of a Force Majeure Event under Clause 7.8 above and if, in any such event, we do not receive the data, enquiry or request submitted by you or if such data, enquiry or request is lost, corrupted or otherwise not accessible, whether wholly or partially for whatever reason, you shall be deemed not to have submitted such data, enquiry or request, and you shall have no claim whatsoever against us for compensation, loss or damage.

8. Termination

8.1 We reserve the right to refuse or deny access and/or terminate your use of the Site without prior notice if:

(a) you violate or act inconsistently with the letter or spirit of these Terms and Conditions; or

(b) we, in or sole discretion, suspect that the security of your designated user name, user ID and/or password have been compromised in any way; or

8.2 We shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of, in connection with or by reason of such termination.

9. Third Party Links

We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.

10. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback or other information you provide us (collectively "Submissions") will be subject to the terms of our Public Policy.

11. Representations and Warranties / Limitation of Liability

11.1 THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

11.2 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY

(a) INTERRUPTION OF BUSINESS;

(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;

(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE;

(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES

(f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR

(g) EVENTS BEYOND OUR REASONABLE CONTROL.

11.3 FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (SGD 100.00).

12. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

13. Governing Law

13.1 We control and maintain the Site from Singapore and make no representation that the material and information contained in the Site is appropriate or available for use in all other locations/jurisdictions. The distribution of material and information on the Site may be restricted by the applicable laws in your jurisdiction. It is your responsibility to find out what those restrictions are and to observe them.

13.2 This Agreement, including any dispute regarding the Site, all rights and obligations and all actions contemplated by the Terms and Conditions shall be construed and governed in all respects by the laws of the Republic of Singapore, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Singapore Electronic Transactions Act (Chapter 88), and the Courts of the Republic of Singapore shall have exclusive jurisdiction to hear any dispute arising out of or in relation to this Agreement.

13.3 A printed version of the Terms and Conditions of this Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. General

14.1 You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

14.2 We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

14.3 All notices, demands and communications required or permitted be given under this Agreement shall be sent by posting to the last known address of the parties, or sent by e-mail to the user or posted on the Site, or published in the newspapers, by whichever method as we may in our absolute discretion deem fit. Any such notice, demand or communication shall be deemed to have been effectively served on the day following posting if sent by post or immediately if sent by e-mail or published on the Site of in the newspapers. Users of the Site shall notify us in writing of any change of name or contact particulars, at the first reasonable opportunity after such change.

14.4 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

14.5 Save as expressly provided for in this Agreement, no term of this Agreement shall be enforceable under the Contract (Rights of Third Parties) Act of Singapore ("the Act") by a third party (being any person other than the parties and their permitted successors and assignees), but this does not affect any right or remedy of a third party which exists or is available apart from under the Act.