TERMS AND CONDITIONS
Access to this Site and/or the Services (both defined below) is subject to these terms & conditions and our Privacy Policy (collectively the “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you hereby agree to be legally bound by these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.
1. Representations & Warranties
1.1 You hereby represent and warrant that:
1.1.1 you have read and accept the Web Terms in its entirety;
1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept to these Web Terms and you are either;
(a) accessing this Site, using the Services and contracting in your own personal capacity; or
(b) accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity.
1.1.3 you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
1.1.4 all of the information provided by you to codom (including without limitation personal particulars and contact information) is accurate and complete.
2. Definitions
2.1 In this Agreement, the following definitions shall apply unless the context does not permit:
"Account" is defined in Clause 5.1.
"Agreement" means the agreement formed by these Web Terms
"codom Content" means all Content of codom that is made available on or via this Site.
"Computer" means your computer, notebook computer, personal digital assistant, mobile phone, tablet device or other electronic device used to access this Site or the Services.
"Content" means Product listings, Product descriptions & reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
"Linked Sites" means websites whose links appear on the Site
"Marks" means the logo, trade marks and service marks used on the Site.
"Privacy Policy" means the codom privacy policy available on the Site, as may be amended from time to time.
"Products" means products and/or services for which codom invites orders on this Site.
"Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
"Services" is defined in Clause 3.2.
"Site" means the website at www.codomshoes.com.
"Third Party Products" means products and services of third parties advertised on or available at the Site or websites linked from the Site, including Products supplied by third parties.
"Third Party User Content" means all User Content which is not created, transmitted, posted or uploaded by you.
"User Content" means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
"Web Terms" means this Website Terms and Conditions as well as the Privacy Policy.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1 The Site is owned and maintained by codom
3.2 codom may now or in the future offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
3.2.1 online ordering of Products;
3.2.2 access to Content;
3.2.3 search engines or tools;
3.2.4 a platform to create, upload and publicly make available User Content;
3.2.5 Product reviews and catalogs, message boards, forums, blogs, communication tools; and
3.2.6 any other features, content or applications that codom may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will be deemed to have agreed to the Terms and Conditions of Sale in addition to these Web Terms
4. Content Use Conditions
4.1. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
4.1.1 any Service;
4.1.2 the Site;
4.1.3 any codom Content except, to the extent permitted, with the prior written consent of codom or unless expressly permitted in these Web Terms; or
4.1.4 any User Content except with the prior written consent of codom and the owner of the specific User Content, unless you are the sole owner of the specific User Content.
4.2 All codom Content are the copyrighted work of codom or its content or software providers, and codom reserves and retains all rights in the codom Content. Use of some codom Content may be governed by the terms of an accompanying end user license agreement.
4.3 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any codom Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or by codom in writing.
5. Password & Account
5.1 codom may require you to register an online account (“Account”), to enable you to access and use certain portions of this Site or use certain Services.
5.2 You agree that your Account is for your sole personal use and creation of online Account is limited to one account per indivdual only. You hereby agree not to:
5.2.1 share with or permit others to use your Account; or
5.2.2 assign or otherwise transfer your Account to any other person or entity.
5.2.3 use your Account for commercial purposes.
5.3 You shall provide codom with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You further undertake to keep your Account information updated at all times such that it is accurate, current and complete. You agree that creation of online account is limited to one account per individual only.
5.4 As part of the registration process for the Account, you will select a password ("Password") and user identification ("User ID"). You may not:
5.4.1 select or use a User ID of another person with the intent to impersonate that person;
5.4.2 use a name subject to the rights of any other person without authorisation; or
5.4.3 use a User ID that codom, in its sole discretion, deems inappropriate or offensive.
5.5 You shall promptly notify codom of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
5.6 You shall be bound by and responsible for, and codom shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
5.7 You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
5.8 codom shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
5.9 You agree that codom reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. codom shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
6. Use of Account Information
6.1 By providing the information requested for your Account, you hereby consent to codom’s use and disclosure of all such information for the purposes set out in our Privacy Policy.
7. Suspension and Termination of Account
7.1 You agree that codom has the right in its sole and absolute discretion and without notice to:
7.1.1 restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason ; and-
7.1.2 without prejudice to the generality of the above. codom reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any term of this Agreement or if codom believes that you have been using the Account for unlawful and/or undesirable activities.
Your eligibility to access and/or use any of the Services or participate in any promotions will be affected.
7.2 You agree not to hold codom liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
8. Intellectual Property
8.1 The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all codom Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with codom. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by codom. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. All rights not expressly granted in written are reserved by codom.
8.2 The Marks displayed on this Site are the property of codom or other third parties, and all rights to the Marks are expressly reserved by codom or relevant third parties. You are not permitted to use any Marks without the prior written consent of codom or such third party. codom and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of codom or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of codom.
8.3 The domain name on which the Site is hosted on is the sole property of codom and you may not use or otherwise adopt a similar name for your own use.
9. Online Conduct
9.1 You hereby undertake:
9.1.1 to comply with these Web Terms, and such other notices or guidelines that may be posted on the Site by codom from time to time (which shall be incorporated by reference into these Web Terms);
9.1.2 not to use any Service or codom Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
9.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
9.1.4 not to use the Account of another user at any time, whether with or without his/her permission.
10. User Content & Licence
10.1 You agree to exercise respect and to act reasonably when participating in any community feature on the Services which permits you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or imparies the operation of the Site or its availability or usage by others.
10.2 You may not submit, upload or publish on the Site or through codom:
10.2.1 any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213 of Singapore)) or the proprietary or other rights of any third party;
10.2.2 any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
10.2.3 without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively “Improper Works”).
10.3 If, at any time you upload or post User Content to the Site you automatically:
10.3.1 grant codom, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non