KHIND Lah - Privacy policy

This Privacy Policy sets out the manner in which we collect, use, manage and protect the data that is capable of identifying you as an individual whether on its own or in conjunction with other data accessible by us (Personal Data) in compliance with the Personal Data Protection Act 2012 of Singapore, as may be amended from time to time (PDPA). This privacy policy applies to all touchpoints and instruments that we use to collect personal data. These include, but is not limited to our websites, mobile applications and paper-based input forms. For the purpose of this policy, the term website collectively refers to our websites (www) and our mobile applications. For the purpose of this privacy policy, “us”, “we”, or “our” refers to Mayer Marketing Pte Ltd or Khind Systems Singapore Pte Ltd as the case may be.

Please note that capitalised words and expressions shall, unless otherwise specified or the context otherwise requires, have the corresponding meaning assigned to them in the Terms and Conditions of the use of our Website.

Terms of Use

KHIND Lah (the “ App”) is operated and maintained by KHIND Systems (Singapore) Pte Ltd (“ KSS”) and KHIND IQ Sdn Bhd (“ KIQ”).

Your use and access to this App and its services is govern by this Terms of Use (“ Terms”). By downloading, accessing the App and/or using the services, you agree to be bound by these terms and conditions of use, which together with our privacy policy, governs KSS’s relationship with you concerning this App. If you do not agree with any part of this Terms of Use and/or Privacy Policy, please do not access or download app and cease using the App.

If you are registering as a business entity, you represent that you are duly authorized to accept this Terms of Use and you have the authority to bind your business/legal entity to this Terms of Use.

Warranties and Disclaimers
You agree to comply with all the guidelines, notices, rules, policies and instructions pertaining to the use of this App. At all times, you are deemed to be aware of these regulations and any changes or updates that may take place.

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the App, whether in part or whole. We shall not be liable if any such upgrade, modification, suspension, discontinuation, or removal, prevents you from accessing this App or any part of its services.

We reserve the right but shall not be obliged to

(a) monitor, screen, or otherwise control any activity, content, or material on this App. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action we deem appropriate.

(b) Prevent or restrict access of any users to this App.

(c) Report any activity we suspect to be in violation of any applicable law, statute or regulation, to the appropriate authorities and to co-operate with such authorities.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this App is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this App meet your specific requirements.

This App contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction in whole or part is prohibited other than in accordance with the copyright notice, which forms part of this Terms of Use.

Also, unauthorized use of this App may give rise to a claim for damages and/or be a criminal offense.

Intellectual Property
The Intellectual Property in and to this App (and the materials) are owned, licensed to, or controlled by KSS and KIQ. We reserve the right to enforce the rights associated with the Intellectual Property owned to the fullest extent of the law.

No part or parts of this App, or any materials, may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner, or by any means or stored in an information retrieval system or installed on any servers, system or equipment, without our prior written permission, or that of relevant copyright owners.

The Trademarks are registered and unregistered trademarks of ours. Nothing on this App and in this Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website or app) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

Link
From time to time, this App may also include links to other websites and/or apps. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) and/or app(s). We bear no responsibility for the content of the linked website(s) and/ or app(s).

General
These Terms of Use and the use of the app are governed by (and shall be construed in accordance with) Singapore law. Any disputes relating to the app which cannot be resolved between KSS and you will be dealt with exclusively by the Singapore Courts.

You agree that KSS and KIQ may subcontract the performance of any of its obligations or may assign these Terms or any of its rights or obligations without giving you notice.

KSS and KIQ reserve the right to take appropriate legal actions if the users and/or members of the public circulate unfounded truth about Khind Systems and/or its products.

If any part of this Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Generally, and in addition to the points above, the use of this App is also subject to the following Terms of Use:

Username/Password: Certain Services that may be available on this app may require the creation of an account with us, and may require you to provide us the necessary personal or business related data. Our Privacy Policy governs that all the necessary personal data provided will be protected in accordance with the provisions in the Personal Data Protection Act 2012. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant App. We may at any time in our sole and absolute discretion, request that you update your data or forthwith invalidate the username and/or password without giving any reason or prior notice, and shall not be liable or responsible for any losses suffered by or caused by you or arising out of, or in connection with, or because of such request or invalidation. You hereby agree to change your password from time to time and to keep the username and password confidential. You shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You are to notify us immediately if you have knowledge that, or have a reason for suspecting that the confidentiality of your username and/or password has been compromised, or if there has been any unauthorized use of the username and/or password, or if your data requires updating.
We may attach banners, java applets, and/or such other materials to this App to advertise our products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee, and/or commission in respect of any such advertising or other promotional materials.
We may by notice through this App or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the App or services after such a date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop accessing or use the App and services, and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
Any typographical, clerical, or other errors or omissions in any acceptance, invoice, quotations or other documents on our part shall be subject to correction without any liability on our part.

If this Terms of Use are executed or translated in any language other than English (“ Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the foreign language version.

Payment

You may pay for your purchase(s) using any of the payment methods as prescribed by KSS’s payment methods.
The payment methods may be subject to additional terms as prescribed by KSS.
You may also use our digital coupons or e-Gift card during payment. Digital Coupons and e-Gift Cards will be issued with their own set of conditions and are specific to each version of the coupon. Please refer to the specific terms that come with the usage of digital coupons.
All listed prices are inclusive of prevailing GST unless otherwise stated. Seller reserves the right to amend the listed prices at any time, without providing any reason or prior notice.
If a customer fails to make any payment pursuant to the terms and conditions of the payment method elected, or payment is cancelled for any reason, without prejudice to any other right or remedy available to KSS, KSS shall be entitled to cancel the customer’s order until payment is made in full.

Digital Coupon

KSS may on occasion, offer Digital Coupon which may apply in respect of any or certain specified, purchases made through the KSS e-commerce functionality on the App.
Only one Digital Coupon can be applied to each of the single orders purchased.
Digital Coupon must be used prior to their expiration date and within the defined transaction.
Digital Coupon cannot be replaced if it is lost, stolen, deleted, or if a purchase is being cancelled or returned.
In the event where the total purchase value is less than the value of the Digital Coupon, the excess value of the Digital Coupon will not be refunded (and neither exchanged for cash).
Digital Coupon cannot be used with any other promotions that may be promoted in KHIND Systems e-shop, KHIND-Lah app and showroom unless otherwise stated.
The terms and conditions stated in each Digital Coupon are final and conclusive. The utilization of Digital Coupons is based on the sole discretion of KSS. We reserve all rights to amend the conditions of digital coupons at any time, without prior notice.
Partnership discounts may not be valid for promotional items and selected merchandise at the discretion of in-store personnel.

Errors

Prices and availability of goods are subject to change without notice.
Correction of errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other documents on our part shall be subject to correction without any liability on our part.
Any cancellation due to system error will be credited as charged. Individual bank policies will dictate when this amount is credited to your account without any liability on our part.

Cancellation

Please reach out to us at kssg.sales@khind.com for order(s) cancellation. Include your order number, date of purchase, and reason(s) of cancellation for our verification. We may at our discretion impose a cancellation fee.
KSS reserves the right to cancel any transaction in the event the product is out of stock. In this instance, no cancellation fees will be imposed.

Khind Systems Singapore Pte Ltd Terms of Sale

1.1 The following terms & conditions (“Terms of Sale”) will apply to any purchase you make from Khind Systems Singapore Pte Ltd and its affiliates and subsidiaries (individually and collectively "KSS", "we", "us" or “our”) of products (“KSS Products”) on KSS’s Web or App Platform (individually and collectively “Platform”). If you purchase any KSS Product, you will be deemed to have consented to the terms and conditions described in these Terms of Sale, as well as any other terms and conditions or Terms of Use as set out in any KSS Products listing, whenever you make a purchase from KSS on any Platform.

1.2 These Terms of Sale supplement the Terms of Use and the other KSS Policies, of which these Terms of Sale form a part – please read the Terms of Use and the other KSS Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these Terms of Sale that are not defined here will have the meanings given to such terms in the Terms of Use and/or the applicable KSS Policy.

1.3 All terms and conditions described in these Terms of Sale are subject to change at KSS’s discretion pursuant to the Terms of Use and these Terms of Sale.

(i) if you are purchasing such KSS Product for your personal consumption you may not use the KSS Product for business or commercial purposes (including for sale or resale); or
(ii) if you are purchasing the KSS Product for on a business account, you may resale the KSS Products; and
(ii) you are at least eighteen (18) years old; and
(iii) you are legally capable of entering into binding contracts.

3.1 When you place an order to purchase KSS Products, your order is deemed an offer to purchase products from us. We have absolute discretion to reject your order without any reason. Your order is accepted when we inform you that we have accepted your order.  Each order accepted by us shall constitute a separate contract.

3.2 KSS Products purchased online may not be in stock even after order confirmation. If we are unable to fulfill your order, we will contact you to offer an alternative KSS Product or a refund.

3.3 You cannot cancel your order once we accept your order. We reserve the right to cancel any order and refund you the price of any KSS Product/s for which you have paid without interest (in lieu of delivery or supply of such product/s), even after we have sent you an email informing that your order has been accepted and payment has been received by us.

4.1 The price of any KSS Product is (except in cases of error) as displayed in our Platform on the Platform.

4.2 If we discover an error in the price of a KSS Product you have ordered, we will inform you as soon as possible and give you the option of proceeding with your order at the correct price or cancelling it.  If we are unable to contact you, your order will be treated as cancelled, and (if payment has been received by us) you will be refunded accordingly.

4.3 All prices are stated in Singapore dollars and Goods and Services Tax or any other Government related charges are pplied on the invoice.

5.1 All KSS Products and data or information on our Platform are offered or provided on an "as-is" and "as-available" basis. We do not warrant that the availability, description, images and prices of the KSS Products stated on our Platform are accurate and complete. We will not be liable in any way for inaccuracy and incompleteness in relation to the availability, description, images and prices of KSS Products or any data or information on our Platform.

6.1 Risk of damage to, or loss of, the KSS Products shall pass to you at the time of delivery.

6.2 Notwithstanding delivery and the passing of risk in the KSS Products or any other provision of these Terms of Sale, title to the KSS Products shall (i) not pass to you until KSS has received in cash or cleared funds payment in full of the price of the KSS Products, and (ii) be subject to any retention of title rights granted by KSS to any supplier of KSS Products.

7.1 Refunds and returns shall be subject to the KSS Terms of Use and will be at KSS’s full discretion.

8.1 We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law, including that the quality of KSS Products will meet your needs or expectations after any form of misuse, abuse, normal wear and tear, product mishandling, misguided usage and/or deviation from printed instructions. We will not be liable for damages which are not reasonably foreseeable arising out of or in connection with your order of KSS Products through our Platform.

8.2 Where the manufacturer or distributor of KSS Products has issued a warranty in respect of such KSS Products, you hereby agree to look solely to such manufacturer or distributor for any claims related to such warranties, and to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless against such claims.

8.3 Except to the extent required by any applicable law, we will not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed on our Platform.

8.4 We will not be liable to you or any party for any damages, losses, expenses or costs whatsoever (including without limitation, any death, injury, direct, indirect, special, exemplary, incidental or consequential damages, or economic loss or loss opportunity) arising out of or in connection with your order and/or purchase of KSS Products, or reliance on any information, materials or online services provided at our Platform, regardless of the form of action and even if we had been advised as to the possibility of such damages. This exclusion clause shall take effect to the fullest extent permitted by law.

8.5 For the avoidance of doubt, we shall in no event be liable for any death, injury, direct, indirect, special, exemplary, incidental, consequential, or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:

(i) any access, use or the inability to access or use our Platform, or reliance on the Materials and/or any information contained in our Platform;
(ii) any mishandling and/or abuse of any KSS Product by you or other persons;
(iii) use of any KSS Product by you or other persons in any manner, whether foreseeable or otherwise, and you expressly assume all risks associated with usage and storage of all KSS Product upon delivery;
(iv) any delay in delivery or cancellation of order or refund; 
(v) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
(vi) any use of or access to any other website linked to our Platform, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be used or accessed at the site your own risk. In no circumstances will we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which our Platform are linked; or
(vii) any exercise of rights by us under these Terms of Sale, the Terms of Use, any Policy and any other rights provided by law.

8.6 In any event, and notwithstanding anything contained in these terms & conditions, our maximum aggregate liability in contract, tort (including negligence or breach of the statutory duty) or otherwise arising out of or in connection with your order and/or purchase of KSS Products shall be limited to the price of the KSS Products ordered and/or purchased from our Platform.

8.7 Notwithstanding the foregoing, nothing in these Terms of Sale (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence. 

9.1 All content included in or made available through our Platform, including but not limited to information, communications, software, graphics, images, videos and sounds (the "Materials"), including all copyright and any other proprietary rights, are property of KSS, its content providers and/or third party licensors. All rights are reserved.

9.2 The Materials may not be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written consent. You also may not, without our prior written consent, insert any hyperlink to our Platform on any other website or "mirror" any Materials on any other server or website. Without prejudice to the foregoing, you agree that the Materials contained within or available through our Platform may not be used for commercial purposes or distributed commercially.

9.3 The trademarks, service marks, trade names and logos ("Trade Marks") used or appearing on our Platform are property of KSS, its affiliates or third party licensors. You may not, without our prior written consent, use any Trade Marks as a hyperlink to our Platform or any other website.

10.1 From time to time, our Platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse these other websites. We have no responsibility for the content of these other websites. We make no representations or warranties that these other websites do not infringe the intellectual property rights of any person. We are not authorizing the reproduction of material found on these other websites.

11.1 Any personal data you transmit to us will be collected, used and/or disclosed in accordance with our Privacy Policy.

12.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any (i) breach of these Terms of Sale, (ii) any liabilities arising out of the use of our Platform, and (iii) any violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content which you post or transmit on or via our Platform, by you or by any other person accessing our Platform using your account and/or your personal information.

13.1 Any delay or failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our rights and remedies. The invalidity of any provision of these terms & conditions shall not adversely affect the validity or enforceability of the remaining provisions. 

13.2 These Terms of Sale supersede all prior representations, understandings and agreements (if any) between us.

13.3 Any term or condition, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable, the remaining terms or conditions of these Terms of Sale, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such conditions in any other jurisdiction.

13.4 We shall not be liable to you for loss or damage resulting from delay or failure to perform our obligations under these Terms of Sale, either in whole or in part, when the same is due to causes beyond our reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, epidemics, quarantine or labour trouble resulting in cessation, slowdown or interruption of work. In the event of the same, our obligations herein shall be extended for the periods of such circumstances only so far as they affect the performance of our obligations under these Terms of Sale.

13.5 These Terms of Sale and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by us without restriction.

13.6 Clauses 2 (Your Status), 3 (Placing an Order), 5 (No Warranties), 8  (Liability), 9 (Intellectual Property), 10 (Links), 11 (Data Protection), 12 (Indemnity), and 13 (General Terms) shall survive any expiration or termination of these Terms of Use.

13.7 A person who is not a party to any agreement governed by these terms and conditions has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of the terms of such agreement.

13.8 These Terms of Sale shall be governed by and construed under the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore in relation to and/or in connection with these Terms of Sale.

KHIND Lah Privacy Policy

Terms of Use

Khind Systems Singapore Pte Ltd Terms of Sale