Terms Of Use

Terms Of Use

by Felicity Menzies

Website Terms of Use

We, CULTURE PLUS CONSULTING PTY LTD (“our Company”) thank you for visiting our website www.cultureplusconsulting.com (“our Site“). Your terms of use of our Site shall be governed by the terms and conditions as set out herein (“our Terms of Use”) and our Privacy Policy. Your use of our Site constitutes your full agreement to our Terms of Use and our Privacy Policy, which shall form a legally binding and enforceable contract between you and our Company (“Agreement”). If you do not accept any provision in our Terms of Use or our Privacy Policy, you should immediately cease all usage of our Site and our Platform, and notify us to discontinue any Updates which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in our Privacy Policy and our Terms of Use as follows:-

  1. Updates to our Terms of Use

1.1       You agree that it is your responsibility to check our Terms of Use available at www.cultureplusconsulting.com/terms-of-use on a regular basis to keep yourself updated of any changes or modifications.

1.2       Accordingly, you agree that our Terms of Use may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued use of our Site and/or our Platform following any such changes constitutes your agreement to be bound by our amended Terms of Use which is accessible at all times, and should be accessed by you regularly, at www.cultureplusconsulting.com/terms-of-use.

  1. Our Site Content

2.1       No information on our Site, our Site’s associated blog and/or forum (collectively “Platform”), or our newsletters, webinars, marketing materials, educational write-ups, articles, promotional updates or other email updates (collectively, our “Updates“) which you may have subscribed to or downloaded via our Site, constitutes legal advice, financial advice, or any other form of advice for which a license to provide such advice may be required under applicable law.

2.2       The content on our Site, Platform and Updates is merely to provide some information regarding our Company, our services and general knowledge on cultural intelligence. Neither our Site, Platform, nor Updates, is intended to be a substitute for any legal or financial advice, and you should seek specific professional legal or financial advice on any legal or financial subject-matter for which you require specific input.

2.3       Any hypothesis, opinions, FAQs and answers expressed on our Site, our Platform and our Updates constitutes the sole discretionary opinion of our Company, and where applicable, third party writers, reviewers, individual contributors from the public, forum participants, blog commentators, research analysts, and consultants whose names shall be published along with such hypothesis and/or opinions only, and does not represent the opinion of any professional financial or legal advisors, nor shall your use or reliance on such discretionary opinion create any legal obligation enforceable against our Company.

2.4       Any information on our Site, Platform and Updates may be amended at any time in our sole discretion without any prior notice to you.

2.5       All material and information displayed on our Site, Updates and/or our Platform are for general knowledge and therefore meant for personal edification only. The statements on our Site, our Platform, and Updates, regardless of their subject-matter, have not been assessed or evaluated by any regulatory authorities, statutory boards or educational institutions (unless otherwise stated), and the effectiveness or result of using any advice, if any is stated on our Site, our Platform and/or Updates, may not necessarily yield the desired result or same effect as may be described on our Site, Platform and/or Updates. The information on our Site, our Platform and our Updates are not intended to provide you with any definitive solution of any kind.

2.6       Reviews of our services, personnel, consultants, webinars, content, third party links, services, products or third party companies found on or referred to in our Site, Updates and/or Platform posted by individuals on our Site and our Platform are the personal views of such individuals based on their personal experience, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness, results, quality or performance of any reviewed service, product, content or person.

  1. Intellectual Property

3.1       All content, including any write-ups, articles, webinars, videos, diagrams, charts, layout, photographs and drawings, as displayed on our Site, our Platform and in our Updates are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by the Company or licensed to the Company). Therefore except as permitted under clause 3.2 below, you agree therefore that without our Company’s prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on our Site, our Platform or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our content.

3.2       You are permitted to download and/or print a copy of the content on our Site, Platform and Updates for your personal reference only, without any modifications, additions or deletions.

3.3       All company names, logos, trade marks, service marks, brands (collectively the “Branding“) represented on our Site, our Platform and in our Updates belong to our Company or to third parties who have agreed to display their Branding on our Site, our Platform and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

3.4       Without limiting the generality of clause 3.3 above, unless you have procured the prior written consent of the Company, you are not permitted to use the Company name or any Branding of the Company in any manner that may be; (i) construed as an endorsement by or a collaboration with the Company; or (ii) viewed as a persuasive factor for influencing any persons or entities. Similarly, any third party Branding or names found on our Site, our Platform and/or our Updates does not imply or infer any association with or endorsement by the aforesaid third party unless otherwise stated, i.e. any third party endorsement or association with the Company will be specifically stated.

  1. Third Party Sites and Browsing Experience

4.1       Please note that we do not control any links, services, products or resources provided by other third parties referenced in or linked to our Site, our Platform, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked on our Site, our Platform, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly. For the avoidance of doubt, unless specifically stated, the third party sites, services, links, products and/or services that you may find on our Site, our Platform or our Updates are not endorsed by or howsoever associated with our Company.

4.2     You agree that our Company may employ cookies, action tags or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience.

  1. Minors

5.1       Our Site, our Platform and our Updates are not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site.

  1. Feedback

6.1       In the event that you provide us with any feedback and comments, whether via email to our Company or posting on our Platform, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Similarly, our Company shall also be entitled in its sole discretion to refuse to post or remove or delete your Feedback (in whole or in part) at any time without having to notify you, provide you with reasons or seek your consent in advance. Accordingly, you agree that you assign all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.

6.2       Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any viruses, worms, libelous, scandalous, defamatory, obscene, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, our Platform, our Updates or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees, settlement amounts, fines, penalties, and law enforcement actions.

  1. Disclaimers and Limitation of Liability

7.1       While we have exercised due care in the preparation of all content displayed on our Site, our Platform and in our Updates, such content, information and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”.



7.4       Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, our Platform or Updates, including but not limited to any virus, trojan horse or worm attacks on your computer.

7.5       In the event that our Company’s liability to you in relation to our Site, our Platform and/or Updates cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed S$100.

  1. Indemnification

8.1       You agree to indemnify and hold our Company and its shareholders, directors, officers, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including legal fees on a full indemnity basis arising from or related to your breach of any of the provisions herein this Terms of Use, your use of our Site, our Platform and/or our Updates.

  1. Governing Law and Jurisdiction

9.1       Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.

9.2       In the event of any disputes arising from this Terms of Use, your agreement thereto, and/or your use of our Site, you must first contact our Company’s officer at officer@cultureplusconsulting.com regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the non-exclusive jurisdiction of the Courts of Singapore.

  1. Miscellaneous

10.1     If any provision or clause of our Terms of Use or part thereof is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of these Terms.

10.2     The failure or delay of our Company at any time to enforce any of its rights hereunder this Terms of Use shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.

10.3     A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.

[This Website Terms of Use was last updated on 2 July 2015].

Online Store Terms and Conditions

  1. Definitions

1.1 In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Culture Plus” means Culture Plus Consulting Pty Ltd
“Buyer” means the person or legal entity identified in the Order as the purchaser of the Products.
“Card” means one of the following credit cards: VISA and MasterCard.
“Card Company” means the applicable payment and Card processing entity for the relevant Card.
“Conditions” means these Terms and Conditions.
“Contract” means a contract for sale between Culture Plus Consulting and the Buyer of the Products formed in accordance with Clause ‎3.3.
“Defective Product” is defined in Clause 6.2.
“Force Majeure Event” means any event or circumstance the occurrence and the effect of which Culture Plus could not reasonably prevent or avoid including:

(i) explosion, fire, flood, war, earthquake, storm or other natural disasters;

(ii) war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance;

(iii) import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;

(iv) epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;

(v) strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Culture Plus or any other person); and

(vi) any default act or omission on the part of CulturePlus’s suppliers or sub-contractors.

“Online Store” means the Culture Plus Consulting online store currently accessible at https://cultureplusconsulting.com/a-world-of-difference/

“Order” means an online order placed via the Online Store by a Buyer with Culture Plus for the Products in accordance with these Conditions.

“Parties” means Culture Plus and the Buyer and “Party” means any one of them.
“Product” means a product or service listed at the Online Store for which Culture Plus invites Orders in accordance with these Conditions.
“Product Warranty” is defined in Clause 9.
“Substitute Product” is defined in Clause 5.4.
“Third Party Product” means a Product which is not a Culture Plus branded Product

1.2 Words using the singular or plural number also include the plural or singular number.

1.3 Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.

1.4 Any reference to a “Clause” is to a clause of these Conditions.

1.5 The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.

1.6 A reference to the word “include” or “including” shall not be construed as having any limiting effect.

2. Application and effect

2.1 These Conditions shall govern the sale of the Products listed at the Online Store by Culture Plus to the Buyer, save where Buyer has signed a separate purchase agreement with Culture Plus, in which case the terms and conditions of the separate agreement shall govern.

2.2 By ordering the Products and/or accepting delivery of the Products described on the Invoice, the Buyer agrees to be bound by and accepts these Conditions

3. Orders, prices and payment

3.1 Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by Culture Plus at the Online Store, by placing a Order on the designated online form at the Online Store and providing to Culture Plus all necessary information as may be required by Culture Plus at the Online Store.

3.2 All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by Culture Plus.

3.3 Culture Plus may accept an Order by:

3.3.1 contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or

3.3.2 delivering the Product(s) ordered to the Buyer,

and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by Culture Plus), and such other terms and conditions as Culture Plus may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Culture Plus in the manner set out in this Clause 3.3. Processing of Card payment for an Order shall not in itself constitute acceptance of the Order by Culture Plus, provided that where an Order is rejected by Culture Plus, any payment made for such Order shall be reversed or refunded by Culture Plus.

3.4 Culture Plus shall be entitled to:

3.4.1 decline to accept or reject the Buyer’s Order in whole or in part without assigning any reason; o

3.4.2 delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.3.5

3.5 Culture Plus shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be Culture Plus’s current selling price on the date of receipt by Culture Plus of the Order, which may or may not be correctly reflected at the Online Store.

3.6 Unless otherwise agreed Culture Plus by writing, payment for the Products shall be made by the Buyer in full by Buyer’s valid Card before physical delivery of Products.

3.7 The Buyer warrants that it is ordering Products for its own use only and not for re-sale or export purposes.

3.8 The Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable taxes (including but not limited to Goods and Services Tax) at the prevailing rates.

3.9 All Card payments are subject to the approval of the Card Company and the relevant paying bank. Culture Plus shall not be liable in any way if the Card Company or the paying bank refuses to process or accept any Card or Card particulars for any reason.

3.10 The Buyer agrees to submit to Culture Plus and its payment service provider such Card information and other personal and delivery information as may be reasonably requested by Culture Plus or its payment service provider to process the Order, payment for the Order, and to arrange for delivery and invoicing. All information submitted shall be subject to Culture Plus’s Privacy Policy. Culture Plus shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided Buyer agrees that Culture Plus shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.

3.11 Culture Plus reserves the right to exercise its lawful remedies if a dispute or issue arises over Card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Card Company or the paying bank rejects or reverses payment for an Order, Culture Plus may in its discretion:

3.11.1 reject such Order, or suspend or cancel delivery of such Order;

3.11.2 repossess the Products if delivered; or

3.11.3 claim against the Buyer for the full price of the Order as a debt.

3.12 Culture Plus shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to Culture Plus under any and all Contracts and other agreements.

4. Title and risk

4.1 Risk in the Products shall pass to the Buyer upon delivery of the Products to Buyer.

4.2 Title in the Products shall not pass to Buyer until receipt by Culture Plus of full and final payment for the Products.

5. Order delivery and cancellation

5.1 The Buyer shall designate in the Order the Buyer’s preferred delivery / collection options, and where the delivery option is selected, the place of delivery of the Products.

5.2 Subject always to Culture Plus acceptance of the Order,

5.2.1 Where the delivery option is selected:

(i) Culture Plus shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by Culture Plus. If no one is available at the delivery address to receive the Products, Culture Plus’s delivery agent will leave an “unable to deliver” card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products.

(ii) The Buyer shall bear and pay to Culture Plus:

(a) the delivery and shipment charges set out at the Online Store for all Orders;

(b) the delivery, shipment and administrative costs of any delivery of Product(s) which is rejected by the Buyer, where such rejection is not made pursuant to an express right of the Buyer under these Conditions

5.3 Any shipment, delivery or collection dates provided by Culture Plus are estimates only and shall not form part of the Contract. Culture Plus shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer’s Order has not been delivered within a reasonable time, the Buyer should contact Culture Plus at info@cultureplusconsulting.com

5.4 Culture Plus reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:

5.4.1 change its prices or specifications of any Product; or:

5.4.2 deliver a Product which has similar functionality as any Product ordered with minor differences in specifications (each a “Substitute Product”). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.

5.5 An Order may be cancelled by the Buyer prior to shipment of the Products by Culture Plus, provided always that:

5.5.1 the Buyer must contact Culture Plus to request Culture Plus for cancellation immediately;

5.5.2 Culture Plus will endeavour to accommodate the Buyer’s request, if the Products have not been shipped; and

5.5.3 the Buyer shall pay any cancellation fees which may be imposed by Culture Plus.

5.6 If an Order has already been shipped, no cancellation or refund will be permitted.

5.7 The Buyer acknowledges that Culture Plus’s liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products from Culture Plus’s usual sources of supply. The Buyer further acknowledges that Culture Plus retains absolute discretion as to the order of priorities in which any Products are delivered to Culture Plus’s customers.

5.8 Culture Plus may deliver the Products by instalments. Each separate instalment shall be regarded as a separate Contract, and invoiced and paid for in accordance with these Conditions.

5.9 Culture Plus reserves the right to make only partial delivery of an Order.

6. Acceptance of Products

6.1 In so far as the Products are books are sold as perfect unless otherwise expressed; if upon collating any should prove defective the Buyer shall be at liberty to take or reject them provided they are returned within seven (7) days after the conclusion of the sale.

6.2 The conditions of clause 6.1 do not apply to manuscripts and antiquarian texts and materials which must be taken with all faults and errors of description. All other Products shall only be eligible for replacement if it fails to function or operate, is damaged or is not the Product specified to be supplied in the Order (such Product being a “Defective Product”).

6.3 The Buyer must report any Defective Product to Culture Plus by contacting info@cultureplusconsulting within seven (7) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.

6.4 If Culture Plus considers the Product to be a Defective Product, Culture Plus will contact the Buyer with the procedure for return and replacement. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.

6.5 Culture Plus reserves the right to refuse any return or replacement of a Defective Product if:

6.5.1 The Buyer is unable to produce the Product details or tax receipt;

6.5.2 The Defective Product is a Third Party Product and Culture Plus is not authorised by the supplier to process returns or replacements; or

6.5.3 The defect is the result of:

(i) improper use or mismanagement by Buyer;

(ii) operation of the Product other than in accordance with the operating manual or instructions;

(iii) use of the Product in a manner not reasonably contemplated by Culture Plus;

(iv) modification of the Product not authorised by Culture Plus;

(v) use of consumables, parts, or peripherals which are not original, in conjunction with the Product;

(vi) subjection of the Product to unusual or unrecommended physical, environmental or electrical stress;

(vii) use of Product by a person other than Buyer; or

(viii) Buyer’s failure to comply with any terms of these Conditions.

7. Controls and restrictions

7.1 Certain countries impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs.Culture Plus shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.

8. Software

8.1 All rights, title and interests in and to any software installed in the Products shall remain with Culture Plus or the applicable licensor(s), as applicable. All software provided is subject to the terms and conditions of the license agreement relating to that software. Warranties (if any) for any software are restricted to those contained in the licence agreement. The Buyer acknowledges that Culture Plus makes no warranties for any software under these Conditions.

9. No Warranties

9.1 Culture Plus makes no warranty in respect of any Culture Plus Product, express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose.Culture Plus’s sole liability for any defects in any Culture Plus Product is set out in Clause ‎6.

9.2 Culture Plusmakes no warranties in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.

10.Exclusion & limitation of liability

10.1 In no event shall Culture Plus be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Culture Plus has been advised of the possibility of such loss or damage.

10.2 If any service (including but not limited to installation of any Product) is performed by any third party, Culture Plus shall not be liable for any act, neglect, omission or wilful default of such third party, regardless of whether such third party is authorised by Culture Plus.

10.3 The total liability of Culture Plus to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by Culture Plus shall not in any event exceed the price of the Product giving rise to such claims.

10.4 Nothing in these Conditions shall limit or exclude Culture Plus’s liability for death or personal injury caused by Culture Plus’s negligence.

11. Force majeure

11.1 Culture Plus shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.

11.2 Culture Plus shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer shall not terminate the Contract by reason of any such delay or failure.

11.3 In the event that any Force Majeure Event results in a shortage of Products,Culture Plus shall be entitled to allocate its available stock of the Products among its customers in such a manner as Culture Plus may consider equitable and may make partial deliveries of any Products to the Buyer.

12. Amendment

12.1 Culture Plus reserves the right to change these Conditions without prior written notice at any time, at Culture Plus’s sole discretion, by posting a copy of the amended Conditions at the Online Store.

12.2 Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by Culture Plus.

13. Complete Contract

13.1 The Contract and these Conditions represent the entire understanding between Culture Plus and the Buyer concerning the sale and supply of the Products, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.

13.2 Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on Culture Plus, unless otherwise agreed in a written agreement signed by Buyer and Culture Plus, and any failure by Culture Plus to object shall not be considered a waiver of these Conditions.

14. Assignment

14.1 The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Culture Plus. Any such unauthorised assignment shall be deemed null and void.

15. No waiver

15.1 No failure on the part of Culture Plus to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

16. Illegality

16.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

17. Rights of Third Parties

17.1 A person or entity who is not a Party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.

18. Governing Law and Jurisdiction

18.1 These Conditions shall be construed in accordance with, and governed by, the laws of the Republic of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

18.2 The Parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.

[This Online Store Terms and Conditions was last updated on 17 June 2016].


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