Date: 19 October 2020

 

A. About these Terms

 

Thank you for visiting the web site of 88Bamboo Private Limited (“88 Bamboo”). These Terms govern your use of our web site and your purchase of products from our web site. In these Terms, “we”, “us” or “our” refers to 88 Bamboo.

 

Your use of our web site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you must not use our web site.

 

We may amend these Terms from time to time. The updated Terms will supersede earlier versions. Every time you want to use our web site or make a new purchase, you should first check the then-current Terms and confirm that they are acceptable to you.

 

B. No minors under 18 years of age

 

IF YOU ARE BASED IN SINGAPORE, OUR WEB SITE IS NOT TARGETED TOWARDS OR INTENDED FOR USE BY ANYONE UNDER 18 YEARS OF AGE. BY USING THE WEB SITE‚ YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT AT LEAST 18 YEARS OF AGE‚ DO NOT ACCESS‚ USE‚ REGISTER OR MAKE ANY PURCHASE ON THIS WEB SITE OR SUBMIT ANY CONTENT TO US.

 

IF YOU ARE NOT BASED IN SINGAPORE, OUR WEB SITE IS NOT TARGETED TOWARDS OR INTENDED FOR USE BY ANYONE UNDER THE MINIMUM LEGAL DRINKING AGE IN YOUR JURISDICTION OF RESIDENCE (“MLDA”). BY USING THE WEB SITE‚ YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST OF THE MLDA. IF YOU ARE NOT AT LEAST THE MLDA‚ DO NOT ACCESS‚ USE‚ REGISTER OR MAKE ANY PURCHASE ON THIS WEB SITE OR SUBMIT ANY CONTENT TO US.

 

C. About us; How to contact us

 

88 Bamboo Private Limited is a private limited company incorporated in Singapore with the unique entity number (UEN) 201937902W. Our customer service team can be contacted by email at hi88bamboo@gmail.com.

 

D. Privacy Policy

 

88 Bamboo’s Privacy Policy sets out how we will use the personal data collected from you or about you. The Privacy Policy can be found here.

 

By using our web site, you consent to the collection, use and disclosure of personal data in accordance and subject to our Privacy Policy in force at the time.

 

E. Proprietary rights

 

Unless otherwise acknowledged, all intellectual property rights in our web site and all content on our web site belong to us or our licensors. These are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.

 

The “88Bamboo”, “88 Bamboo” names and logos, the “” and "" 8-sticks logos and any other signs and indicia of origin (including any signs or indicia in any language) used on our web site are trade marks of 88 Bamboo or our licensors. You are granted no right or license with respect to any such trade marks.

 

This web site is meant for your personal, non-commercial use only. You may print a reasonable number of copies and/or download extracts of any page(s) from our web site for your personal, non-commercial use. However, you must not modify the copies that you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

 

Our status (and that of any identified contributors) as the authors of the content on our web site must always be acknowledged.

 

You must not use any part of the content on our web site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you infringe or threaten to infringe any intellectual property rights or ours or our licensors, your right to use our web site and its contents will cease immediately and you must, at our option, return or destroy any copies of our proprietary materials which you have made.

 

We take efforts to comply with fair dealing requirements under Singapore law. If you are not based in Singapore, you must check the terms of your jurisdiction's intellectual property laws before accessing such content.

 

F. User submitted content

 

If you submit any content (such as liquor reviews, write-ups, comments, photographs and audio or video clips), including by posting on social media platforms and tagging us, you grant to us (a) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without prior notice or compensation to you; and (b) the right to use your name/alias and/or country which you have provided to us in connection with your content. Unless indicated by you, all content that you submit may be used at our discretion without any obligation of confidentiality.

 

You represent and warrant that: (a) you are the sole creator and/or author of any such content, including any intellectual property rights therein, or before send us the content, you obtained from the copyright owner the right to use and authorize us to use; (b) you hereby waive any moral rights in respect of such content; (c) all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded.

 

We reserve the right to block or remove communications, content or materials that we determine to be unacceptable at any time in our sole discretion.

 

G. User Account

 

We may offer you the option of signing up for a user account. By completing the sign-up process, you represent and warrant that: (a) all information you have provided is accurate, current and complete; (b) you will provide any updates necessary to keep such information up-to-date; (c) you are solely responsible for will keeping your login credentials safe and secure; (d) you accept responsibility for all transactions and activities carried out using your user account; and (e) you acknowledge that we are entitled to treat all such transactions and activities as having been carried out with your knowledge and authority.

 

We reserve the right to reject any user account application or limit, suspend, deactivate or terminate any user account at any time in our sole discretion.

 

H. Indemnity

 

You must always use our web site lawfully and responsibly.

 

You agree to indemnify, defend and hold harmless 88 Bamboo and our shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all claims, actions, demands, costs and expenses, including reasonable legal fees, arising out of or in connection with our resulting from your misuse of our web site, your infringement of our or our licensors’ intellectual property rights or your breach of these Terms.

 

I. Disclaimer; Limitation of Liability

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEB SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS OF SERVICE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

 

WE DO NOT WARRANT THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

 

EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATED OR RELATED ENTITIES OR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, INJURY, CLAIM OR LIABILITY OF ANY KIND (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE) HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY (A) EMOTIONAL PAIN AND SUFFERING OR MENTAL DISTRESS, (B) LOSS OF INCOME OR REVENUE, (C) LOSS OF BUSINESS, (D) LOSS OF PROFITS OR CONTRACTS, AND (E) LOSS OF ANTICIPATED SAVINGS, AND (E), ARISING OUT OF OR RESULTING FROM THIS WEB SITE (AND YOUR USE OR INABILITY TO USE IT), OR ANY INFORMATION OR CONTENT PROVIDED BY US ON THIS WEB SITE OR OTHERWISE, OR ANY PRODUCT OF SERVICE PURCHASED FROM US.

 

IF YOU ARE DISSATISFIED WITH THIS WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO, TO THAT EXTENT, THIS LIMITATION MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS FOR ALL DAMAGES SHALL NOT EXCEED THE LOWER OF (A) FIFTY UNITED STATES DOLLARS (US$50.00) OR (B) THE PRICE WE HAVE RECEIVED FROM YOU FOR THE AFFECTED PRODUCT(S).

 

J. Third party links

 

Where our web site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked web sites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

K. Third party content

 

Our web site may include information and materials uploaded by other users of the web site. This information and these materials have not been verified or approved by us.

 

Third party web sites or online resources may link to our web site. Third parties may also make statements about us or our web site in other forums, whether online or offline. We are not necessarily associated or affiliated with, or approve of, or endorse, the third party, its goods and services or its statements.

 

The views expressed by others, whether on our web site, social media platforms or in other forums may not represent our views or values. Your reliance on any third party statements regarding 88 Bamboo or our products and services is entirely at your own risk.

 

L. Website content

 

Our web site will include information and materials uploaded by 88 Bamboo’s content contributors (such as liquor reviews or informative write-ups). While effort has been made to ensure that such content is useful and enjoyable, we do not guarantee that such content is accurate at all times, or that there have been no mistakes.

 

Any views of products expressed in such content are the subjective opinions of the individual content contributors, and do not necessarily represent 88 Bamboo’s views or values. 88 Bamboo also does not endorse the objective quality of any products for sale beyond the extent required by the Sale of Goods Act (Cap 393) and any other applicable laws.

 

M. Linking to our web site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our web site in any web site that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

 

N. Changes to our web site

 

We may update and change our web site from time to time to reflect changes to our products, our users’ needs, our business priorities or for any other reason.

 

We may also suspend or withdraw or restrict the availability of all or any part of our web site for any reason at any time without prior notice to you. We do not guarantee that our web site, or any content on it, will always be available or be uninterrupted.

 

O. Terms of sale

 

 

88 Bamboo may not be the counter-party to your contract for purchase

 

Products sold on this web site are sold under an agreement between you (the buyer) and the relevant vendor (the seller). The relevant vendor for a product you are purchasing may be a third party and not 88 Bamboo. In respect of any such product, 88 Bamboo acts as an agent for the third party vendor and 88 Bamboo shall not be a party to the agreement between you and the relevant vendor.

 

Any rights or benefits of 88 Bamboo as a seller under these Terms shall apply mutatis mutandis to any third party vendor offering products for sale on this web site.

 

Orders

 

If you place an order with us, your order constitutes an offer to buy a product from us.

 

All orders are subject to acceptance by us. A contract of sale with us is only formed if we accept your order.

 

We reserve the right to reject any order at any time before acceptance without giving any reason. We further reserve the right to rescind our acceptance of your order if it is necessary in our judgment. Normally, we would not rescind our acceptance of your order unless there has been a pricing error, or the product is no longer available, or your credit card/debit card or PayPal payment is not approved or reversed by your credit card/debit card company or PayPal or the sale or use of the product in your territory is restricted or prohibited.

 

Prices

 

Products and prices on our web site are subject to change from time to time without notice.

 

You are solely responsible for paying all, taxes, service fees and shipping fees, in addition to the price. Should you require shipping out of Singapore, you are also solely responsible for paying all duties, including import duties.

 

You should pay us using the services of our payment partners. We may alter the accepted modes of payment from time to time without prior notice.

 

Shipping

 

All shipping is subject to our Shipping Policy. Please visit here for more details.

 

Title and risk

 

The risk of loss of or damage to the product will pass to you once the product is received by the carrier for shipment to you. From the time the risk passes to you, we will not be liable for loss of or damage to the product.

 

Ownership of the product will pass to you once we have received payment in full.

 

Refund

 

All sales are final and we generally do not provide product returns and refunds. In any event, returns and refunds are subject to our Refund Policy. Please visit here for more details.

 

Promotional vouchers, etc.

 

All promotional vouchers/codes which we may supply for use on this web site (and any unused credit thereof) cannot be converted into cash. Any unused credit will not accrue interest.

 

We may at our sole discretion and without liability to any person discontinue or cancel any promotional voucher/codes previously issued for any reason.

 

Your use of promotional voucher/codes is subject may be subject to further terms and conditions set out on our web site from time to time.

 

Errors, inaccuracies, etc.

 

As our web site contains a large number of products, it is always possible that the errors may be displayed on our web site. For instance, the price, quantity and availability of some products may be incorrectly stated on our web site. In some cases, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently rejected or cancelled due to unavailability of the product.

 

You acknowledge that we are under no obligation to provide a product to you at an incorrect price, or to fulfil an order for a product which is not available at the time, even if we have sent you an order confirmation or a shipping confirmation.

 

You further acknowledge that, in some cases, the product which you have ordered may vary from the image(s) displayed on our web site.

 

We reserve the right to correct any errors, inaccuracies or omissions on our web site at any time. IN CONSIDERATION OF OUR ALLOWING YOU TO ACCESS AND USE OUR WEB SITE, YOU HEREBY RELEASE OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ALL CLAIMS AND LIABILITY IN CONNECTION WITH SUCH ERRORS, INACCURACIES OR OMISSIONS.

 

We reserve the right to limit the quantity of products which you may order. We also reserve the right to reject or cancel multiple orders of limited quantity items made by the same user and/or shipped to the same delivery address.

 

P. Policies

 

Your purchase is subject to our policies, including our Shipping Policy and Refund Policy referred to above. Please review our policies. If there is any inconsistency between these Terms and our policies, these Terms will prevail.

 

We reserve the right to make changes to our policies at any time without prior notice. Every time you wish to purchase products or obtain services from us, please check these policies to ensure you understand and accept the policies that apply at that time.

 

Q. Generally applicable terms

 

English as governing language. English shall be the governing language of the agreement between you and 88 Bamboo. All communications between 88 Bamboo and you shall be conducted in English. Any translation is provided solely for your convenience. To the maximum extent permitted by law, the English language version of all documents and communications between 88 Bamboo and you shall prevail over any other language version in the event of conflict or inconsistency between the English language version and the other language version.

 

Force majeure. 88 Bamboo shall have no liability for any failure or delay in the provision of products or services or the performance of any obligation under these Terms if the failure or delay is due to any cause or event beyond its reasonable control, including, without limitation, natural disaster, adverse weather conditions, accident, epidemic, terrorist activity, national emergency, war or other hostilities, political interference with normal operations of any party, strikes or industrial disputes, riots, power failure, failure or non-availability of third party telecommunication equipment or networks and failure or non-availability of the Internet (or any part thereof).

 

No assignment. You may not assign any such rights and licences or transfer or delegate any obligations imposed by these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any other party at any time without prior notice.

 

Governing law and dispute resolution. These Terms will be governed by and construed in accordance with the substantive laws in force in the Republic of Singapore without regard to any principles of conflict of laws. You submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore to resolve any dispute or claim arising from these Terms.

 

Exclusion of UNCISG.  The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

 

General. These Terms constitute the entire agreement between you and 88 Bamboo and supersedes any prior agreements. No amendment of these Terms by you will be binding unless it was made in writing and signed by you and 88 Bamboo. 88 Bamboo’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. The invalidity, illegality or unenforceability of any part of these Terms will not affect the validity, legality and enforceability of the other parts of these Terms. Nothing in these Terms creates a joint venture, partnership, relationship of employment or agency between you and 88 Bamboo. You do not have authority to contract on behalf of or bind 88 Bamboo. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity. The provisions of these Terms will enure to the benefit of 88 Bamboo’s successors and assigns and they will have the right to enforce these Terms. No other third party will have any right to enforce any provision of these Terms under any theory of law. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein.