1.1 These Terms and Conditions apply to the Website operated by Sower Essentials Pte Ltd (“Sower Essentials”, “us”, “we”, or “our”), where the Terms and Conditions are posted. Please read these Terms and Conditions carefully before using the Website.
1.4 The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions.
1.5 We reserve the right to correct any errors, update information or discontinue the Website (or any part or content thereof) at any time for any reason without prior notice.
2. Purchase of Products
2.1 Your order will only be taken as submitted after we receive payment for your orders. Any acknowledgement of your order shall not constitute an acceptance of your order or a binding confirmation of an order. We reserve the right to limit, refuse or cancel your order at any time for any reason. We will, in all circumstances, endeavour to let you know if we have to cancel an order. We will provide a refund of any money you paid for the cancelled order.
2.2 You may make payment for your order through our payment service provider, Stripe. Your use of Stripe’s services will be governed by Stripe’s terms and conditions, and we will be unable to take responsibility for Stripe’s services to you.
2.3 You are responsible for all taxes, duties, levies or other similar requirements (“Taxes”) in relation to your orders. If you are required under any law to deduct or withhold any sum as Taxes imposed on any amount payable to us, the amount payable to us must be increased by such amount necessary to ensure that we will receive a net amount equal to the amount which we would have received in the absence of any such deduction or withholding.
2.4 We reserve the right to correct any inaccuracies or errors in our pricing or information published on our Website without further liability, even after an order has been placed. We will inform you as soon as we can if we do discover any such inaccuracies or errors. You may then decide if to proceed with or cancel your order. We will provide a refund of any money you paid for the cancelled order.
3.2 If the promotion rules conflict with these Terms and Conditions, the promotion rules will apply.
4. Account Information
4.1 When you create an account with us, please provide us with information that is accurate, complete, and current at all times. Please promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5. Third-Party Links
5.1 Certain content, products and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will not have any liability or responsibility for any third-party materials, websites, products, or services.
5.1 You should review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
7. Intellectual Property
7.1 All content (including without limitation, text, graphics, logos, button icons, images, video/audio clips, data compilations and software, and the compilation thereof), trademarks, logos, and service marks available on the Website, is the property of Sower Essentials, our affiliates, partners or licensors, and are protected by Singapore and international trademark laws. No content, trademarks or any material of the Website may be used, reproduced, sold, modified, or otherwise exploited, for any purpose without prior written consent of its respective owners.
8. Prohibited Uses
8.1 In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Website.
8.2 You also must not use our Website for any purposes related to marketing without our express written consent.
8.3 We reserve the right to terminate your use of the Website for violating any prohibited uses.
9.1 We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind.
10. Limitation of Liability
10.1 We shall have no liability to you for any injury, loss, claim, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from your use of any of the service or any products procured using the Website, or for any other claim related in any way to your use of the service or any product.
10.2 We also have no liability to you for any failure or delay in delivering our Website content or products, or for any damage to or defects to the same, that is caused by any event or circumstance beyond our reasonable control.
10.3 These Terms and Conditions shall not affect your statutory rights as a consumer. To the extent permissible by law, our total aggregate liability in relation to any products or services purchased through the Website shall be direct damages not exceeding the amount you paid us for them.
11.1 You agree to indemnify us from any third-party claim due to your use of the Website, your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
11.2 You also agree to indemnify us for any loss and damages, including reasonable lawyers’ fees, resulting from your use of data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on our infrastructure.
12.1 These Terms and Conditions are effective unless and until terminated by either you or us.
12.2 If you have failed to comply with any term or provision of these Terms and Conditions, we may terminate or suspend your account immediately, and/or accordingly may deny you access to our Website without prior notice or for any reason whatsoever.
12.3 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
13. Entire Agreement
13.2 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
13.3 In the event that any provision of these Terms and Conditions is determined to be invalid, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions which will remain in effect.
14. Governing Law
14.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
14.2 Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Singapore, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court.