Member Agreement (Q-store)

Please take note that you are entering into a legally binding Member agreement ("the Agreement) with the website located at www.kachiadiam.com, including its related sites, mobile application ("Mobile App”), services and tools (the "Service") operated by Qstore("the Company”), by registering as a Member of the Service and/or otherwise using the Service. By accepting the Member Agreement, you agree that this Agreement and our Privacy Policy will apply whenever you use the Service or when you use the tools we have made available to interact via the Service. If you do not agree to this Agreement and/or the Privacy Policy, you must not use the Service. This Service uses cookies. By using this Service, you consent to the Service’s use of cookies in accordance with the terms of the Privacy Policy. This Agreement is effective as of 10 December 2015 for current Members as well as immediately upon acceptance by new Members. Please be advised that the terms of the Agreement may be published, updated or amended by the Company from time to time without prejudice to local law and regulations. The Company reserves the right to amend the Agreement at any time by posting the amended terms on this site 7 days before implementation. All amended terms shall be effective immediately following 7 days after their publication on the Service. If you do not agree to any of the changes, you must stop using the Service. For the purposes of this Agreement, terms used are defined as follows: "Member” shall mean a natural person or legal person that registers their personal information to use the Service provided by the Company "ID” shall mean the combination of characters and numbers and/or the email address provided by Members and used by the Company to identify them as Members and allow access to the Service. Each Member is allowed to have one ID. "Password” shall mean the combination of characters and numbers, which is registered by each Member and required for login to access the Service, for identification verification purposes and for the security of the Service. "Operator” shall mean a person appointed by the Company for the management and operation of the Service provided by the Company. "Discount Coupon” shall mean an exclusive online or offline coupon of the Company which enables member to get discount when he/she buy through the Service. 1. Member Account 1.1 All information and documents provided by you during registration must be correct, true and valid. Members have to ensure that the Service can contact them using the said information. Members are obliged to update the said information if there are any changes. 1.2 While using the Service, you are responsible for protecting and maintaining the confidentiality of your account ID and password as well as for protecting your computer, handphone and/or other mobile devices from access by unauthorized users. You agree to accept responsibility for all activities that occur under your account ID or password.” 1.3 You must be at least 18 years of age or be using the Service with the authorization and involvement of a parent or legal guardian. You, or where appropriate, your parents and/or legal guardians agree to accept responsibility for all activities that are carried out under the name of your account ID and password. 1.4 Account IDs are non-transferrable and you are not allowed to authorize others to use your account ID or otherwise utilize your account. 1.5 Only one account ID should be created and used by each Member. Upon discovery of duplicate accounts being registered by the same Member, the Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion and the violator is liable for the loss or damage incurred from the activity. 1.6 Each Member is required to be a natural or a legal person with full capacity to enter into a legally binding agreement to be eligible to register an Account on the Service and use the Service. 1.7 The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for violations and/or in its sole discretion. 2. Services provided by the Company 2.1 The Company provides the following services: a. E-commerce development and operation services b. Purchase support services c. Item information search services d. Sales and order transaction services e. Advertisement and promotion services f. Other e-commerce services 2.2 The purpose of the above services is to enable the Member to buy an item or service through the Service. You will be able to use 3rd party service(s) that the Company may provide to develop the efficient operation of the above-mentioned service, and shall be notified of the same by the Company upon registration to use the Service as a Member. 2.3 Where the Buyer is located in a different country from the merchant, any additional charges for customs clearance are to be borne by the Buyer. As import duties or import taxes are levied in accordance to the Customs policies of each country and cannot be controlled or predicted by the Service, the customs clearance charges shall not be included in the item price listed on the Service (unless otherwise stated). Buyers should contact their local customs office for information on such charges. 2.4 The Service takes no responsibility and assumes no liability for any loss or damages to you arising from shipping information and/or payer information entered by you, incorrect remittances by you in connection with the payment for the items purchased, and any other losses attributable to you. 3. 3rd Party Services 3.1 The Company may provide Members with 3rd party platforms or services ("3rd Parties”) together with the Service, to facilitate the provision of the Service. 3.2 You consent to joining the aforementioned 3rd Parties when you register for the Service. You agree to the terms and conditions of the 3rd Parties and shall have the rights and responsibilities stipulated therein. 3.3 If you do not agree with the aforementioned Articles 3.1 and 3.2, you may withdraw your registration application or delete your Member account with the Service. Please note that the deletion of your Member account with the Service will not result in the deletion of your accounts with 3rd Party platforms or services. You shall have to delete your account with a specific 3rd Party platform or service, subject to the terms of this Agreement, by tendering a separate deletion request to each 3rd Party. For clarity’s sake, such a deletion will not result in the deletion of either your account with the Service or your other accounts with 3rd Parties and vice-versa. 3.4 In accordance with Article 3.1, your usage of any of the services provided by 3rd Parties at the Qstore, and/or as a Member of the Qstore, shall be considered to be a usage of the Service provided by the Company to which the terms of this Agreement will be applicable. 3.5 While 3rd Parties may provide certain services to you as a Member, 3rd Parties do not act as a proxy of the Company, guarantee the quality, safety or legality of representations made by sellers and/or buyers or of the items advertised, or otherwise guarantee the truth, accuracy or legality of information obtained via your use of the Service. 3.6 You indemnify the 3rd Parties against any disputes you may have while using the Service. 3.7 If you log on to 3rd Party platforms and use 3rd Party services, irrespective of the Service, Articles 3.4, 3.5 and 3.6 will not be applicable; the terms and conditions of the relevant 3rd Party will be applicable. 4. Service Contract 4.1 Members should provide the Company with information such as their name, email address, physical address, password, and contact information in line with the requirements listed at the time of registration. If Members are natural persons, they should provide the Company with their date of birth. 4.2 Only natural persons and/or legal persons are able to register with the Service as Members. Your legal name should be provided in full to the Service at the time of registration. If you do not provide us with your legal name or use another person’s name to register, you shall be subject to account restrictions and/or reported to the relevant authorities in accordance with applicable local laws and regulations. 4.3 Applications to register as a Member will be processed based on the time of receipt. Your membership will be validated upon your receipt of a membership acceptance email from the Company. 4.4 The Company shall be able to refuse your application for Member registration at its discretion including, inter alia, the following circumstances: a. The name provided for the application is not your legal name. b. The personal information you have provided for application overlaps with an existing member’s information, indicating that you have already applied for membership or are registered as a Member. c. You have made a new Member application within 2 months following the cancellation of a prior Member account ID belonging to you. d. You have made a new Member application while your existing Member account is under suspension, pending deletion, or otherwise subject to account restrictions. e. You have engaged in illegal activities, inappropriate behavior, infringed upon the rights of others, violated local regulations or the Company’s policies, or the Company decides that there are reasonable grounds for the refusal. 5. Personal Data 5.1 You shall not provide the Company with false information. 5.2 You are deemed to have acknowledged receipt of the Company’s correspondences once they reach the physical address or email address provided by you to the Company. 5.3 You shall update your information as soon as possible when it is changed. Your ID and name may not be changed unless the same is required under local regulations or laws. You indemnify the Company against any losses caused by your failure to update your personal information in a timely, appropriate manner and agree that such losses shall be borne by you. 5.4 The Company shall not sell or rent your personal information to other parties for their marketing purposes without the explicit consent of the Member(s). The Company shall use your personal information only as described in the Privacy Policy. By accepting this Agreement, you warrant that you have read and agree to the Privacy Policy. If you object to your information being transferred or used in the manner described in the Privacy Policy, you should not use the Service. 6. ID and Password 6.1 You are responsible for keeping your account ID and password confidential and should not transfer, lend or otherwise disclose your ID and/or password to other parties. 6.2 You are wholly responsible for any loss or damage caused by the disclosure of your ID and/or password through your actions or negligence. You indemnify the Company against any losses caused by a compromise of your ID and/or password which is attributable to your negligence or actions. 6.3 You shall inform and cooperate with the Company as soon as possible once you are aware that your ID or password has been disclosed, stolen or used by any other person so that the Company may take steps to mitigate any potential losses which may arise from a compromise of your Member account. 7. Termination 7.1 You may terminate this Agreement by deleting your account and ceasing your usage of the Service. You will be required to settle all payments, orders and outstanding liabilities owed as a Member at least 7 days before the deletion of account and Agreement termination shall take effect. 7.2 You are responsible for any loss incurred due to your account deletion and termination of this Agreement. The Company may remove benefits which were provided you after being notified of your account deletion request. 7.3 The Company may terminate this Agreement if: a. You violate any laws, regulations or third party right; b. You damage the reputation of other persons or commit offenses against public morals; c. You engage in behavior which may be disruptive to the Service or impede the Company’s business; d. Or otherwise at the discretion of the Company. 7.4 The company may notify you of the termination of your Member account via email, telephone or other possible methods. The termination will be effective as soon as you are deemed to have received the notification. 7.5 Following the termination of your Member Account you shall continue to be liable for orders, payments and any other outstanding liabilities owed by you to the Company under the terms of this Agreement. 7.6 Your membership benefits may cease as soon as the Agreement is terminated. 7.7 The Company may, at its discretion, refuse your request to rejoin the Service following the termination of your Member account. 7.8 You understand that the Company shall not be liable for temporary disruptions to the Service due to maintenance, malfunctions, interruptions or other unexpected difficulties due to technical faults in the information technology systems and devices utilized to provide the Service. 7.9 Any delay or failure in the performance by the Company shall be excused if and to the extent caused by the occurrence of a Force Majeure. 8. Purchase and Payment 8.1 You shall enter into a purchase contract with the Company if you make an order to buy an item under your Member account ID via the Service and the Company accepts the said order in accordance with the terms and conditions of the Service. 8.2 The Company shall provide you with payment methods such as credit card payment for the said orders. 8.3 You shall be liable for any loss or difficulty caused by the provision of your personal information to the Company. 8.4 Your order will be canceled without your approval and without notice if you fail to pay for it within the period of time stipulated by the Company. 8.5 The Company shall provide you with a list of your orders, your order status and notify you of the cancellation methods. 8.6 The Company may monitor as well as investigate your payment methods and transactions for inappropriate, fraudulent or otherwise illegal behavior and may suspend your order until your payment is confirmed. If your payments or transactions are deemed to be suspicious, inappropriate or otherwise illegal, the Company may cancel your order. 9. Delivery 9.1 The delivery period shall be calculated as the period between the day after payment confirmation and the day upon which the item is received by you. 9.2 The Company shall attempt to start the delivery process within 3 working days following the confirmation of your payment for an order. If the start of the delivery process is delayed, the Company should inform you of the same. 9.3 Shipping delays shall be excused if and to the extent caused by the occurrence of a Force Majeure. 10. Cancellation 10.1 You may only cancel an order before an item is shipped. If an item has already been shipped, the Company’s return and refund policy shall be applicable instead of cancellation policy. 10.2 Cancellation requests for orders which are submitted before the order status is changed to "Shipping Requested” shall generally be handled immediately. 10.3 You shall be liable for return shipping fees in line with the Company’s return policies if you cancel an order after the order status is changed to "Shipping Requested” and where your order has been shipped out before the cancellation request is fully processed. 10.4 Upon completion of the cancellation process, the Company may refund your payment by: a. Cancelling your credit card transaction, provided the cancellation request is in line with the Company’s policies and has been duly processed; or b. Depositing the payment to your account within 3 working days 11. Return 11.1 You may request for a return and refund of items purchased from the Company at any time within 7 days from the date of receipt of the item, where the same is in line with local laws and regulations. 11.2 Return shipping fees shall be borne by the party to whom the return request is attributable, such as: a. the Buyer, where the return is due to his/her change of mind; and b. the Company, where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item 11.3 Upon completion of the return process, the Company may refund your payment by: a. Cancelling your credit card transaction authorization, provided the refund request is in line with the Company’s policies and has been duly processed; or b. By depositing the payment to your Member account within 3 working days 12. Exchange 12.1 You may request for an exchange of items purchased from the Company at any time within 7 days from the date of receipt of the item, where the same is in line with local laws and regulations. 12.2 A refund may be provided in lieu of an exchange if there is no inventory of the item for which an exchange has been requested. 12.3 The costs associated with the exchange such as the return shipping fees shall be borne by the party to whom the return request is attributable, such as: a. the Buyer, where the return is due to his/her change of mind; and b. the Company, where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item 13. Refund 13.1 The Company shall process a refund of your payment by: a. Cancelling your credit card transaction authorization, provided the refund request is in line with the Company’s policies and has been duly processed; or b. By depositing the payment to your Member account within 3 working days 13.2 It may take more than 7 business days to confirm the cancellation of credit card transaction authorizations due to the internal processes and time taken by your credit card service provider. 14. Exceptions to Return, Exchange or Refund Requests 14.1 You are not allowed to make a return, exchange or refund request in the following circumstances: a. You have caused loss or damage to the item; b. You have explicitly lowered the value of the item by using or consuming it; c. The value of the item has been lowered explicitly due to a long time lapse between the date you received the item and the date of your request such that the item cannot be resold; d. You have damaged the item packaging and the packaging cannot be provided again; e. The request is due to a change of mind and for an item which has been tailor-made for your order such that the Company shall have to wholly bear the cost of your cancellation, and where the Company informed you of the risk in advance. 15. Member Management 15.1 Violations of this Agreement or local law ®ulations may result in following actions being taken by the Company and its affiliates, including but not limited to the following: a. Limits placed on account privileges and member benefits; b. Account restrictions; c. Account suspension or termination; and d. Criminal charges and/or a claim for damages 15.2 The Company may notify you via an email, a telephone call or other channels before your Member account is restricted due to violations of this Agreement or local laws and regulations. 15.3 You may appeal to the Company regarding account restrictions or terminations if you have reasonable grounds. 16. Intellectual Property Rights 16.1 The Company shall establish and implement an intellectual property rights policy to protect the intellectual property rights of third parties. You shall comply with the Company’s intellectual property rights policy. 16.2 The copyright of content created by you and uploaded via the Service such as item reviews, comments, Q&A enquiries, and photos belongs to you. You may post such content so long as the same 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." 16.3 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. 16.4 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 policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you post via the Service. The Company has the right but not the obligation to monitor and edit any activity or content. 16.5 The Company takes no responsibility and assumes no liability for any content posted by you or any third party. 16.6 The Company may remove content you have posted if: a. it is deemed to be in violation of Article 16.2; b. violates any local laws or regulations; c. leads other person to external e-commerce site or post a link of external e-commerce site; d. distributes viruses or any other technologies that may harm the Service, other internet services or other electronic devices; e. commits an offence against public morals or disturbs the public order; f. is considered to be disrupting or impeding the Service; or g. is considered to be potentially related with illegal activity or crimes. 16.7 If you do post content or submit material, you are deemed to have granted the Company and 3rd Parties 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 for promotional and advertisement purposes, provided that a key part of the content is not changed by the Company and 3rd Party. 17. Prohibited Activity 17.1 You should not abuse or access the Service in an inappropriate manner, which is not in line with standard uses and processes of the Service, or which is inconsistent with the spirit and letter of the Agreement and the Company’s policies. 17.2 You should not use the Service by utilizing the name, credit card information or account information of other persons. 17.3 You should not make fictitious purchases or payments for illegal, fraudulent purposes. 17.4 You should not represent to the Company that you are purchasing an item if you do not intend to purchase it via the Service. 17.5 You should not impede or disrupt the Service by damaging public interest or the legitimate profits of third parties or other Members. 17.6 You should not use the Service for your own commercial purposes which are against the letter and spirit of this Agreement, which infringe upon the rights of other persons or obstruct business of the Company and/or others. 17.7 The Company may suspend account privileges, impose account restrictions and terminate this Agreement in response to a violation of Articles 17.1, 17.2, 17.3, 17.4, 17.5 or 17.6. You are liable to compensate for any loss or damage caused by you as a result of the same. 18. Jurisdiction 18.1 The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. You and the Company irrevocably agree that the courts of Singapore shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or this subject matter or formation (including non-contractual disputes or claims). 19. Interpretation and Amendments 19.1 In the event of conflicts between any of the terms of this Agreement and the law, the conflicting terms shall be re-interpreted in accordance with local laws while others remain effective. If any provision of this Agreement is construed to be invalid, illegal or unenforceable, in whole or in part, then the remaining provisions of this Agreement will not be affected thereby and will be enforceable without regard thereto. 19.2 The Company may make amendments to the Agreement ("Agreement Amendments”) and shall notify Members of the same by posting the Agreement Amendments on Qstore. 19.3 The Agreement Amendments shall be effective and part of this Agreement immediately after they have been posted in accordance with Article 19.2. 19.4 You shall check if there has been an update in terms and conditions or Agreement Amendments from time to time. 19.5 If you do not agree with the Agreement Amendments, you must stop using the Service. 20. Indemnity 20.1 You shall indemnify the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your violation of the Agreement or any laws or due to a termination of the Service arising from a breach of Section 7. 20.2 The Company is not responsible for any losses which are attributable to your actions or negligence. 20.3 If you disclose or provide your personal information to a third party, the Company shall not be responsible for any loss or damage caused by your actions and/or negligence. 20.4 You acknowledge that online and mobile transactions may not be processed in real time and that the Company shall not be responsible for losses arising from the same; such transactions may be delayed or obstructed due to your location or the network which you are using. 21. Miscellaneous 21.1 The Company may change, update, suspend or terminate the Service temporarily or permanently by notifying you of the same. 21.2 You or the Company may not transfer or assign the rights or the responsibilities accorded under the Agreement without the approval of the other Party. 21.3 The Agreement may be amended in accordance with subsequent agreements between the Company and relevant parties, changes to the local laws and regulations, or at the behest of the local authorities. Such updates will be effective and part of this Agreement from the date of publication at the Service.