OUR TERMS OF SERVICE (“AGREEMENT”)
We, ADM Promotions Singapore Pte. Ltd. a company registered in Singapore whose registered offices is at 120 Robinson Road, #08-01, Singapore 068913 referred to as (“adm” or “we” or “us” or “our”) thank you (hereinafter referred to as (“you”)) for visiting our website Grab Dax Store (“Site”).
Your use of our Site and the provision of goods by us to you through the Site shall be governed by this Agreement. Your use of our Site constitutes your full agreement to the Agreement and all other policies referred to in this Agreement (collectively, the “Terms”), which shall form a legally binding and enforceable contract between you and us.
Please read the Terms carefully before you use our Site or purchase Goods from our Site.
If you do not accept any provision in these Terms, you should immediately cease all usage of our Site. If you continue to use our Site after having read the Terms, you shall be deemed to be bound by all the provisions contained in these Terms.
You must be at least eighteen (18) years old and able to enter into a legally binding contract with us in order to use our Site and purchase Goods from us. Your request to purchase Goods is subject to our acceptance and we reserve the right to discontinue at any time the provision of our Goods. Such discontinuance shall be without any liability to us save for refunds of the payment made by you in relation to the Goods you ordered but not delivered to you in accordance with our refunds policy set out below.
By using this Site, you confirm to us that you are at least eighteen (18) years old and able to enter into a legally binding contract with us.
These Terms set out the contractual framework for transactions between adm and you.
- DEFINITIONS. Any definitions shall have the meanings given to them within these Terms or in Clause 19 below.
- ORDERS. You may order Goods and adm may accept such order for Goods based on the terms and conditions contained herein. Any terms and conditions in any acknowledgment, invoice or other correspondence submitted by you in response, will be void and of no force or effect. It is presumed that you have full knowledge and understanding of the details of the Goods you are purchasing upon submission of your order, as adm shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on our Site. On submitting an order for Goods at the checkout point of the Site (“purchase order”), you accept and agree to the terms and conditions of these Terms.
- GOODS. adm shall provide you with the Goods (as agreed between you and us by submitting your purchase order at the checkout page of the Site and paying for the Goods), in the quantities and sizes (where applicable) as specified in the purchase order or, if not specified in the purchase order then in accordance with the terms set forth herein. Your purchase order will only be deemed to be accepted by us once we have sent you an ‘order confirmation’. adm cannot guarantee the accuracy of Goods information displayed on our Site, including but not limited to price and stock availability. In circumstances where the purchase order cannot be fulfilled by adm it may be cancelled and refunded. Only where you have provided correct contact details and are eligible to purchase the Goods, will we notify you of such aforementioned cancellation. The images of the Goods displayed on the Site are for illustrative purposes only. Though we have made every effort to accurately capture the appearance of the Goods, we cannot guarantee that the images are absolutely accurate. The Goods you purchase may vary from the images available on the Site.
- Prices for Goods. The full and final price/fee (the “Fees”) payable by you shall be as set out on the applicable purchase order. The Fees shown are based on the Incoterm specific to your location as specified in the purchase order, which shall always be DDP unless stated otherwise on the purchase order. By placing a purchase order at the Site checkout, you agree that it will be your responsibility to accept and transfer the Goods from the relevant delivery point you have selected, to the final delivery point you require. The Fees shown at the Site checkout include applicable taxes calculated at the time of checkout and purchase order placement.
- Payment Terms. In consideration for the Goods, you will pay to adm the Fees at the point of purchase via the checkout page of the Site. Fees are to be immediately settled in the currency quoted on the purchase order which shall always be SGD. Payment will be taken by us in SGD and you are liable for any currency fees which may be applied by your chosen payment method. We support the following payment methods: Credit/Debit/GrabPay: payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
- Coupon/Discount codes. Coupon/discount codes are for one-time use and to offset face value amount of the Goods during the checkout point of the Site. All fully- and/ or partially-claimed coupon/discount codes are non-refundable. All coupon/discount codes have their service life and each coupon/discount codes can only be used for certain specified Goods. Coupons/discount codes cannot be redeemed for cash. Only one coupon or discount codes per purchase order can be used. Coupons or discount codes cannot be used in conjunction with each other or any other offers. We shall have the absolute discretion to vary the terms and conditions applicable to each coupon, discount code, promotion we offer and/or to refuse use of any coupon should we consider in our absolute discretion, that you are not the intended recipient of such coupon.
- TAXES. The Fees are inclusive of taxes unless stated otherwise. You will pay any applicable sales, use, excise, withholding or other similar taxes (excluding taxes based on adm’s net income or business enterprise) assessed on the Fees paid hereunder.
- Delivery of Conforming Goods. adm will endeavour to deliver all ordered Goods in compliance with the agreed purchase order and in accordance with the specifications set out in the description on the Site. Delivery times are estimated and not guaranteed. In the event of an anticipated delay, we will communicate this to you as soon as possible. We will not be responsible for delivery delays caused by events outside our control. The delivery address you submit at checkout will be used for delivery of the Goods. Any errors in the information provided, including but not limited to the delivery address may result in subsequent costs and expenses which you shall be liable for.
- Title and Risk of Loss of Goods. Unless otherwise specified in the applicable purchase order, title and risk of loss will pass to you (a) on delivery in accordance with the relevant INCOTERM for the purchase order or (b) on payment of the relevant invoice; whichever occurs first. Delivery will not be taken to have occurred unless and until the freight forwarder provides evidence of delivery (including to a location where you have provided consent that the Goods may be left, as evidenced with a screenshot of communications from you to us (or on behalf of us) with such consent by way of instructions) by way of a physical or digital signature or photograph or a report containing proof of the delivery.If you reject or fail to take delivery of Goods, any risk of loss or damage to the Goods shall nonetheless pass to you. Without prejudice to any other rights or remedies available to us, we reserve the right to: (i) effect delivery by any means we consider appropriate (at your cost); and/or (ii) charge you for any costs incurred as a result of your rejection or failure to take delivery or request for change of delivery address, including without limitation any storage costs incurred for the Goods.
- Warranties.
- adm represents and warrants to you that: Breach of Law/Agreements/Consents. adm’s execution, delivery and performance of these Terms and consummation of the transactions contemplated hereby will not (1) violate or conflict with any applicable Law; (2) require any consent, approval, order, authorization, license or permit from, or notice, registration or filing with, any third party (including any domestic or foreign governmental, judicial or regulatory authority or entity) that adm has not already obtained or will obtain prior to such transaction.
- Goods. adm further represent and warrant with respect to the Goods:
- Law. They comply with all applicable Laws (including privacy Laws); and
- Non-Infringement. They do not infringe, violate or misappropriate any Intellectual Property of any third party.
- Where there is a breach of an aforementioned representation or warranty, adm shall not be liable for such representations and warranties to the extent such breach was caused by your acts or omissions.
- PERSONAL DATA. We collect, use and/or disclose your personal data in accordance with our Privacy Policy Website Privacy Policy | adm (admgroup.com). For more information on how we collect, use and/or disclose your personal data, please refer to our Privacy Policy. For the purposes of your purchase order, we act as a data processor on behalf of our client GrabCar Pte Ltd who we operate the Site for, in such circumstances their privacy policy shall also apply to the collection, use and/or disclosure of your personal data https://www.grab.com/sg/terms-policies/privacy-notice/
- LIABILITY.
- Nothing in these Terms is intended to exclude or limit our liability to you for any loss or damage arising from negligence on the part of us or breach of any express terms set out in these Terms, or any breach by us of any terms implied by law which cannot be excluded.
- We do not guarantee, represent, or warrant that your use of our Goods and/or Site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Goods and/or Site is at your sole risk. Except in relation to implied terms that we cannot exclude under applicable law, all Goods delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall we, or our respective directors, managers, employees or interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from these Terms, your use of any of the, Site or any Goods procured using the Site, or for any other claim related in any way to your use of the Site and/or any Goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or Goods) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
- In the event that any of the exclusions referred to in this clause are not permissible in law, our maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under these Terms shall not exceed, the lower of, the total price paid by you to us for the Goods (to which the breach occurred) or one hundred and fifty Singapore Dollar (SGD 150.00).
- Errors, Inaccuracies, and omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to Goods descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Goods or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Goods and/or Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Goods or on any related website, should be taken to indicate that all information in the Goods or on any related website has been modified or updated.
- THIRD-PARTY SITES AND INFORMATION. This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their items and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
- INTELLECTUAL PROPERTY. All Intellectual Property owned or developed by adm and/or its suppliers, including without limitation Intellectual Property used in the course of the supply of the Goods, including Intellectual Property which is of a generic or general nature, shall remain vested in and belong at all times to adm.
- CANCELLATION OF PURCHASE ORDER. We reserve the right to cancel your purchase order due to reasons including but not limited to not being able to fulfil request specifications. If the Goods you received are damaged or defective, please contact our Customer Service Team (email at: Gfgearsupport@admgroup.com) within 14 days of receipt and provide your delivery tracking number, purchase order number, photos and details of the Goods and the reason for return, and whether you require a refund, repair or a replacement (to the original shipping address only). After our Customer Service team has dealt with your claim, you agree to bear an administration fee for each purchase order that you seek to return and all other reasonable carriage costs. Upon completion of the return process, we will credit the refund after deducting the administration fee to your bank account or credit card in 30 working days.
- FORCE MAJEURE.
- adm will not be liable for any delay or failure to perform hereunder to the extent caused by natural disaster, illness, epidemic, pandemic, disease, fire, explosion, war, terrorism, government actions/orders, national or regional emergency, quarantine or other circumstances beyond its reasonable control and without its fault or negligence. adm will promptly notify you and must do everything reasonably possible to resume performance.
- adm shall not be in breach of these Terms and shall not be liable for any loss or damage (including without limitation arising from its failure to provide any of the Goods or perform any other obligation under these Terms) to the extent that the foregoing arises from a Relief Event.
- MISCELLANEOUS.
- Assignment/Change in Control. adm may assign, transfer or delegate any of its rights or duties without your prior written consent. You may not assign, transfer or delegate any of your rights or duties without adm’s prior written consent.
- Entire Agreement. These Terms and any other documents expressly incorporated by reference constitute yours and our entire understanding on these matters and supersede any prior understanding or agreement. These Terms and all provisions herein may not be waived, released, discharged, abandoned, or modified in any manner except by a subsequent written instrument duly executed by the Parties hereto.
- Titles and Headings. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms.
- Expenses. Except as otherwise stated, you and adm will bear their own costs and expenses under these Terms. If either you or adm prevail in legal action against the other party to enforce these Terms, that party that prevails may recover reasonable attorneys' fees incurred in doing so.
- Applicable Law. The laws of Singapore will govern construction, interpretation and enforcement of these Terms, without regard to principles of conflict or choice of law provisions. You and adm each consent to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
- Controlling Language. These Terms and any other documents expressly incorporated by reference shall be written and construed in the English language. In the event of a discrepancy between the English language version of the Agreement and any translated versions thereof, the English language version shall govern.
- Notices. Notices must be in writing and either (1) hand-delivered, sent by (2) prepaid certified mail (return receipt requested), or (3) nationwide overnight courier, to the attention of the officer signing these Terms in accordance with the address information provided on the signature page herein. Notices will be effective upon receipt.
- Severability. If any one or more of the provisions contained in these Terms, in whole or in part, is for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity of any remaining provision or portion thereof, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
- Survival. The following provisions shall survive the termination or expiration of these Terms: Warranties, Intellectual Property, Liability, payment obligations and any other provision of this Agreement or obligation of a Party which expressly or by its nature or context arises at, or is intended to continue beyond termination or expiration, will so survive.
- Waiver. The delay in or failure of adm or you to enforce at any time any of the provisions of these Terms shall in no way be construed to be a waiver of any such provision, or in any way to affect the validity of these Terms or any part thereof or the right of any Party thereafter to enforce each and every such provision. No waiver of any breach of these Terms shall be held to be a waiver of any other or subsequent breach.
- DEFINTIONS.
Interpretation: The word “including” (in its various forms) means “including without limitation.” .
“Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or is controlled by, or is under common ownership or control with another person or entity. As used herein, “control” means the power to direct the management or affairs of any entity, and “ownership” means the beneficial ownership of 50% or more of the voting equity securities or other equivalent voting interests of the entity.
“Goods” means the products made available on the Site by us from time to time, for purchase, as set out in the relevant purchase order.
“Intellectual Property” means any and all right, title, and interest in and to any and all intellectual property, proprietary and other related rights (including, but not limited to, inventions, work of authorship, patent applications, patents, trade secrets, copyrights, trademarks, trade dress and designs, industrial designs, domain names), whether registered or unregistered (also including, where applicable, rights to enforce violations of rights of publicity or privacy and rights against piracy, plagiarism, libel, slander, defamation, unfair competition, idea misappropriation or breach of any confidentiality obligation or other contractual rights).
“Laws” means all applicable laws of the jurisdiction in which adm is located or is otherwise subject including local laws, statutes, legislation, regulations, rules and codes, including without limitation product safety, labelling, hazardous substances and waste disposal-related laws, rules, regulations, bans, limits and standards applicable to the Goods and materials adm supplies hereunder.
“Relief Event” means (i) any breach by you of your obligations under this Agreement which prevents adm from performing any of its obligations (including delivering any of the Goods/Services), or (ii) any failure by you to provide complete accurate, and timely information, resources, instructions, requests, changes or support that you were aware were reasonably required for the adm to provide the Goods/Services in accordance with this Agreement.
