1.2 If you do not agree to these terms, you must not use this Website.
1.5 We reserve the right to update or modify this Website from time to time. We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Website at any time without ascribing any reasons.
1.8 During your access or use, we may issue to and request from your mobile or computer device, blocks of data known as “cookies” to enable a more convenient browsing when you revisit these sites.
- Proprietary rights
2.1 This Website is owned and operated by Fu Yu Corporation Limited (“we”, “our”, “us” or "Fu Yu”).
2.2 The materials located on this Website, including the information as well as any software programmes made available on or through this Website (the “Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to or controlled by Fu Yu.
2.3 Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Unless otherwise noted, all content, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fu Yu.
2.4 You may not adapt or circumvent the systems in place in connection with this Website, nor access this Website other than through normal operations.
(a) immediate, temporary or permanent withdrawal of your right to use this Website;
(b) issue of a warning to you;
(c) claim and/or legal proceedings against you for damages and reimbursement of all of our costs and fees (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) such further legal action against you; and/or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- Restrictions on use of materials
3.1 Except as otherwise provided, the Contents of this Website shall not be produced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of Fu Yu.
3.2 You must not use any part of the Contents of this Website for commercial purposes without obtaining permission or a licence to do so from us or our licensors.
3.3 You agree not to, under any circumstances, transmit any content or material (including software, text, images, or other information) that:
(a) is unlawful or promotes unlawful activity;
(b) defames, harasses, abuses, threatens or incites violence towards any individual or group;
(c) is pornographic, discriminatory, or otherwise victimises or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(d) is spam, is machine- or randomly-generated, constitutes unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
(e) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or any telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
(f) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
(g) impersonates any person or entity, including any of our employees or representatives; or
(h) violates the privacy of any third party.
- Disclaimer of liability
4.1 The Contents of this Website are provided on an "as is" basis and without warranties of any kind. To the fullest extent permitted by law, we do not warrant, and hereby disclaim any warranty:
(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Contents of this Website; and
(b) that the Contents available through this Website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Website and the server will be free of all bugs, viruses and/or other harmful elements. We do not warrant, guarantee or represent that the use of this Website is protected from any viruses, worms, Trojan horses or other vulnerables. Your access and use of this Website(s) connected thereto are at your own risk.
4.2 To the fullest extent permitted by law, Fu Yu shall not be liable for any damage or loss of any kind, howsoever caused as a result (indirect or direct) of the use of this Website, including but not limited to any damage or loss suffered as a result of reliance on the Contents contained or available from this Website.
4.3 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
4.4 All information provided is intended to be general in nature and should not be relied upon in making any decision. The information and materials contained in this Website, including our Services, Products, functions, information, data, text, graphics, audio, video, links or other items are provided “as is”, and “as available”.
4.5 Whilst Fu Yu takes reasonable efforts to ensure that the information provided on this Website is accurate at the time of inclusion, it cannot guarantee the same. Fu Yu is under no obligation whatsoever to update the information contained in this Website. Fu Yu does not represent, and does not give, any Warranty of any kind, whether implied, express or statutory, including and not limited to, any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose or fitness for purpose, freedom from computer virus or other malicious destructive or corrupting code, agent, programme or macros, in conjunction with our Products, Services or access or use of this Website, or any information and materials provided herein.
4.6 Fu Yu does not warrant:
(a) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided at or contained in this Website;
(b) that your use of and/or access to this Website or any information or any materials on this Website, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected;
(c) that this Website or any information or materials provided therein will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, programme or macros; and/or
(d) that use of information or materials displayed on this Website will not infringe rights of third parties.
- Third Party Products and Services
5.1 This Website may contain third party content. You agree that we shall not be responsible or liable for any third party content on this Website or your access or use of any third party content on this Website.
5.2 Fu Yu may, from time to time, permit a third party to offer products and/or services via this Website and/or include hyperlinks on this Website to third party products and/or services available on third party websites. Fu Yu does not make any representation in relation to, or warranty or endorsement of any of the products and/or services provided by any third parties nor does it make any representation in relation to, or warranty or endorsement of any such third parties. All products sold, services rendered and information provided by such third parties are those of the respective third parties, and shall be subject to the terms and conditions of the respective third parties. Fu Yu shall not be a party to any contracts for such products and/or services.
5.3 Fu Yu shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with such third parties and/or their products and/or services, their use or implementation or otherwise, including without limitation any product liability claims, claims for loss of profits, loss of use of the products or services, loss of data or any other economic losses or any consequential, incidental or exemplary losses, expenses and/or damages which you may incur or suffer.
5.5 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.6 We reserve the right to withdraw linking permission without notice.
6.1 You hereby consent to our collection, use and disclosure of your personal data which you have provided to us, within our organisation and our affiliates for the following purposes:
(a) processing of your query;
(b) processing and managing your use of our Services;
(c) processing of any payment framework we may implement;
(d) responding to your inquiries or requests;
(e) communicating with you by mail, telephone, e-mail, mobile alerts, WhatsApp and SMS text messaging about your query or your order;
(f) furthering our business purposes, such as to perform data analysis, audits, fraud monitoring and prevention, to enhance, improve or modify our Services and Products, to identify usage trends, determine the effectiveness of our marketing and sales campaigns and to operate and expand our business activities; and
(g) managing your order using various electronic communication, including email and mobile communications.
6.2 The personal data if we do, collect from you includes:
- mailing address and/or postal code;
- telephone number;
- e-mail address;
- device identification including IP address;
- financial account information and other payment information (that you submit to us for points processing, order processing),
6.3 In addition, we may collect other types of data elements that do not reveal your identity or that do not relate directly to you or any other individual, such as:
- browser and device information, including operating system;
- mobile application usage data;
- aggregated information such as “click stream” data; and
- information collected through cookies, pixel tags and other technologies,
6.4 You agree that we may share any Personal Data and Other Information with our affiliates, advisers (such as our auditors, external professional advisers and other parties who provide services or support to us) and to the authorities as required by them for purposes of auditing, advising or reviewing our services. You agree and consent to such collection, use and disclosure.
6.5 You may submit a request to withdraw your consent or access your Personal Data by contacting our data protection officer. Where permitted by law, we reserve the right to charge a reasonable administrative fee for accessing your Personal Data. Where permitted by law, we reserve the right to deny you access to your Personal Data.
6.6 We will retain Personal Data for as long as it is necessary to fulfill the purpose for which it was collected, any of our legal or business purpose or as required by relevant laws. When destroying Personal Data, we will take commercially reasonable and technically possible measures to make the personal information irrecoverable or irreproducible in accordance with the applicable laws.
6.7 We may also be bound by privacy policies of our third party agents or service providers, partners, agents, associates. You agree to observe such policies where applicable to you.
7.6 Some of the information on this Website may contain information that can be considered forward-looking statements regarding future events or the future financial or technical performance of Fu Yu. Please note that these statements and information are predictions that involve risks and uncertainties, and that the actual events or results may differ materially from the predictions. You agree that such statements and information may not be accurate and should not be relied upon in making any decision. The words “believe,” “estimate,” “expect,” “intend,” “anticipate” and similar expressions and variations of such expressions identify certain (but not all) of such forward-looking statements, which apply only as of the dates on which they were made. Fu Yu undertakes no obligation to update, correct or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. Nothing on this Website should be construed as constituting an offer to sell, or the solicitation of an offer to buy, any securities, and nothing on this Website should be relied upon in connection with any investment or other decision.
7.7 Documents which Fu Yu files from time to time with the Singapore Exchange Securities Trading Limited may be available to the public at www.sgx.com.
- Governing law and dispute resolution
8.2 Should mediation not succeed, you agree that the dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed incorporated by reference to this clause. In relation to such arbitration:
(a) The place and seat of arbitration shall be Singapore.
(b) The dispute shall be determined by a single arbitrator, such arbitrator to be appointed by mutual agreement between us, or in the event that no agreement is reached, then in accordance with the SIAC Rules.
(c) The language to be used in the arbitral proceedings shall be English.