Access to and use of password protected and/or secure areas of the platform and/or use of the services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this platform and/or services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
- Definitions and Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 of the Terms and Conditions of Sale for GK-GermKiller® will apply to these Terms and Conditions of Sale.
- Purchase of Products, Orders Pricing and Payments
You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of products through the platform, as well as any amendments to the aforementioned, issued by GK-GermKiller® (whether as part of use of the platform or in relation to the purchase of products), from time to time. GK-GermKiller® reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the platform.
While GK-GermKiller® endeavours to provide an accurate description of the products, there is no warrants that such description is accurate, current or free from error. In the event that the product you receive is of a fundamentally different nature from the product as described on the platform and which you have ordered, clause 4 of these Terms and Conditions of Sale for GK-GermKiller® shall apply.
At present, GK-GermKiller® delivers to most areas in mainland Singapore, but not certain areas. You may also contact us to check on our delivery coverage. GK-GermKiller® will only process and accept orders within our delivery coverage. In the event that any orders which is not within our delivery coverage had been accepted, we reserve the right to cancel any such orders without liability or compensation.
All Orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms and Conditions of Sale for GK-GermKiller® . All Orders shall be subject to acceptance by GK-GermKiller® . Processing of payment for an order shall not in itself constitute acceptance of the order by GK-GermKiller® , provided that where an order for any product(s) is rejected or cancelled by GK-GermKiller® , any payment made for such order shall be reversed or refunded by GK-GermKiller® in accordance with GK-GermKiller® ’s prevailing refund policy at such time. All Orders made by you are subject to stock availability. GK-GermKiller® reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. GK-GermKiller® reserves the right to limit your order or the quantity of a particular product you may order.
GK-GermKiller® endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that GK-GermKiller® shall not be liable for any errors in the pricing and product or promotional information listed on the GK-GermKiller® platform or through our services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the GK-GermKiller® platform or through our services. If a product offered by GK-GermKiller® itself is not as described, your sole remedy is to return it in unused condition.
If the actual price of any item ordered by you is higher than that reflected on the GK-GermKiller® platform or through our services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
All Product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. Payment for all orders shall be made in Singapore dollars.
- Promotions, Voucher Codes and other Privilege Programmes
From time to time GK-GermKiller® may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into these Terms and Conditions of Sale for GK-GermKiller® .
Promotions, contests, privileges, and programmes are only valid for the time period specified by GK-GermKiller® and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock. The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
(a) Each Voucher Code is only eligible for a single use and is only valid for the time period and purpose specified by GK-GermKiller® . Where applicable, there will be no limit to the number of Voucher Codes issued per account unless stated.
(b) Voucher Codes may only be redeemed by purchasing certain products from the GK-GermKiller® platform during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the following:
(i) orders to the same delivery address;
(ii) delivery charges.
(c) Use of any Voucher Code must be indicated at the time of checkout, and all information required by GK-GermKiller® must be provided. No retroactive use of the Voucher Code is permitted.
(d) A minimum spend may be required before use of the Voucher Code is permitted.
(e) Voucher Codes cannot be refunded, redeemed or exchanged for cash.
(f) Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by GK-GermKiller® , may be purchased by you and given to others.
(g) No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes are allowed.
(h) Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
(i) The benefits, discounts, offers, gifts, complimentary items, Vouchers, promotion codes, rebates, redemptions and privileges are non-redeemable for cash, non-transferable, non-assignable and non- exchangeable and their barter, trade, sale, photocopying, alteration, purchase, or transfer by any person or entity is strictly prohibited. Any use of a promotion, discount or privilege in violation of these Terms and Conditions of Sale for GK-GermKiller® will render it void.
(j) GK-GermKiller® and/or reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
(k) GK-GermKiller® and/or reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the GK-GermKiller® platform.
(l) GK-GermKiller® and/or shall not be liable for any loss, claim or damage suffered or incurred as a result of the use of GK-GermKiller® ’s goods and services or redemption of gifts or Vouchers or use of promotion codes or any other privileges. GK-GermKiller® shall have no liability whatsoever in respect of interruptions or unavailability of the GK-GermKiller® platform or goods and services at any time.
(m) GK-GermKiller® and/or makes no representation or warranty whatsoever, express or implied, with respect to the promotions/discounts/benefits/privileges offered.
Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift. Any change to these Terms and Conditions of Sale for GK-GermKiller® will take effect immediately, unless stated otherwise. Notice of any changes is deemed to be given when published on the GK-GermKiller® platform and GK-GermKiller® assumes no obligation to provide notice in any other manner.
Where you are permitted to return any product to GK-GermKiller® for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, GK-GermKiller® may charge the delivery fee and/or the full value of the order without the promotion.
GK-GermKiller® ’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding. GK-GermKiller® reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability. By participating in a promotion, participants agree that the respective organisation conducting the promotion and its affiliated companies and business units may collect, use and disclose personal data for the sole aforementioned purpose(s) in the Terms andConditions and for no other purpose and will comply with the Singapore Personal Data Protection Act (No.26 of 2012). All companies receiving your personal data will be bound by requirements under the Personal Data Protection Act 2012 to protect your personal data.
- Delivery and Returns
Delivery slots are subject to availability.
Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 20 units, unless otherwise stated in writing by GK-GermKiller® .
GK-GermKiller® will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be unforeseen circumstances outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that GK-GermKiller® and/or shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.
Please notify GK-GermKiller® immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge.
We ask that you please check your order upon delivery. If you’re not completely happy with the products received, let us know within 48 hours from your delivery and we’ll give you a replacement or refund at our discretion. We ask that all returned products are not used and in the original box and/or packaging. GK-GermKiller® reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where GK-GermKiller® exercises its right to inspect the product, GK-GermKiller® ’s decision in respect of such returned products shall be deemed final and binding on you.
- Intellectual Property
The copyright, patents, trademarks, registered designs and all intellectual property rights in the services, on the GK-GermKiller® platform and all content shall vest in and remain with GK-GermKiller® and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the GK-GermKiller® platform for the sole purpose of placing an order with GK-GermKiller® for your use. Any other use of the materials on the GK-GermKiller® platform, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of GK-GermKiller® is strictly prohibited. You acknowledge that GK-GermKiller® and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. GK-GermKiller® reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from GK-GermKiller® .
The trademarks, logos and service marks (“Marks”) displayed on the GK-GermKiller® platform are the property of GK-GermKiller® and other third parties, and all rights to the Marks are expressly reserved by GK-GermKiller® and relevant third parties. You are not permitted to use the name of GK-GermKiller® or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of GK-GermKiller® or such third party.
- Comments, Feedback and Other Information.
You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. GK-GermKiller® reserves the right (but not the obligation) to review, remove or edit such content. You hereby grant GK-GermKiller® and/or GK-GermKiller® a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the GK-GermKiller® platform, for any purpose as GK-GermKiller® may require at its sole discretion. You further agree that GK-GermKiller® may use and publish your name in connection with such Comments.
- Disclaimers and Limitations
While we make every effort to ensure that the GK-GermKiller® platform, services and all content is accurate and complete, we provide the GK-GermKiller® platform, services and content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, GK-GermKiller® disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, GK-GermKiller® does not warrant that the functions contained in or access to the GK-GermKiller® platform, services, content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the GK-GermKiller® platform, services, or content are free of viruses or other harmful components, or that the download, installation or use of the GK-GermKiller® platform or any content in or with any device will not affect the functionality or performance of the device. GK-GermKiller® does not warrant or make any representations regarding the use or the results of the use of the content, the services, the GK-GermKiller® platform in terms of their correctness, accuracy, completeness, reliability, or otherwise.
All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or the GK-GermKiller® platform or services. Your use of the GK-GermKiller® platform or services and any third party services or products remains solely with you to the maximum extent permitted by law.
You agree that:
(a) GK-GermKiller® shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the GK-GermKiller® platform or services without assigning any reason;
(b) Access to or the operation of the GK-GermKiller® platform and/or the services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors; and
(c) The GK-GermKiller® platform and service may be subject to limitations, delays, and other problems inherently and in any such event, GK-GermKiller® shall not be liable for any loss, liability or damage, which may be incurred as a result.
In no event shall GK-GermKiller® be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the services, the GK-GermKiller® platform, content or any other website or device. In the event that GK-GermKiller® is liable for damages despite the foregoing provision, you agree that GK-GermKiller® ’s aggregate liability to you for any and all causes of action in relation to:
(a) any order, sale or delivery of any product by GK-GermKiller® under these Terms and Conditions of Sale for GK-GermKiller® shall not exceed the price of the product giving rise to such claims; and
In no event shall GK-GermKiller® be liable for any indirect, special, consequential, or incidental damages that result from the services, GK-GermKiller® platform or content, or your use of, or the inability to use, the services, the GK-GermKiller® platform, content or any other website or device, even if GK-GermKiller® or a GK-GermKiller® authorised representative has been advised of, or should have foreseen, the possibility of such damages. You agree that the above exclusions and limitations of liability enable the services and the content to be provided by GK-GermKiller® at either reasonable costs or no costs to you.
GK-GermKiller® reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale from time to time, and in such manner as we deem appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by GK-GermKiller® after such amendment, the Customer shall be deemed to have accepted the amendments.
“Customer” means an authorised user of the platform and/or the services.
“Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“GK-GermKiller® Payment” means payments made on the GK-GermKiller® platform.
“Listing Price” means the price of products listed for sale to Customers, as stated on the platform.
“Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
“Materials” means, collectively, all web pages on the platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the platform and the functionalities or services provided on the platform
“Order” means your order for products sent through the platform in accordance with the relevant Terms and Conditions of Sale.
“Password” refers to the valid password that a Customer who has an account with GK-GermKiller® may use in conjunction with the username to access the relevant platform and/or services.
“Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an order, regardless of whether you have an account with us.
“platform” means (a) both the web and mobile versions of the website operated and/or owned by GK-GermKiller® which is presently located at the following URL: www.GK-GermKiller® .com; and (b) the mobile applications made available from time to time by GK-GermKiller® , including the iOS and Android versions.
“Product” means a product (including any instalment of the product or any parts thereof) available for sale to Customers on the platform.
“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libellous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
“Services” means services, information and functions made available by us at the platform.
“Terms and Conditions of Sale for GK-GermKiller® ” means the terms and conditions governing a Customer’s purchase of the products and are set out at https://www.GK-GermKiller® .com/terms-of-use
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the platform.
“Username” refers to the unique login identification name or code which identifies a Customer who has an account with GK-GermKiller® .
“Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the platform.
“Voucher Terms and Conditions” are in clause 3
“you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
“Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
“Customer Contract” shall be as defined in clause 2
“Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the platform.
“Return Policy” means the return policy set out in clause 4