Welcome to the www.marineonline.com website and/or the mobile app.
Please read these terms and conditions carefully.
1.1 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 unauthorized 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.
2 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve 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.
2.1 Restricted activities: You agree and undertake NOT to:
(a) Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (b) use the Platform or Services for illegal purposes; (c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services; (d) post, promote or transmit through the Platform or Services any Prohibited Materials; (e) interfere with another’s utilization and enjoyment of the Platform or Services; (f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and (g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.2 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.3 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to: (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate; (b) prevent or restrict access of any Customer to the Platform and/or the Services; (c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or (d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide and we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Terms & Conditions of Sale and Voucher Terms & Conditions: Sells and purchases of any Product would be subject to the Transaction Service Agreement as set out at https://aboutus.marineonline.com/docs/terms/agreement.
3. Use of Services
3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than Marine Online (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Marine Online or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
4. Customers’ accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. 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 Platform. We may at any time in our sole and absolute discretion, request that you update your Personal 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 by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and 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 reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be: (a) access to the relevant Platform and/or use of the Services by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, 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 the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials; (b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: Marine Online shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (a) any access, use and/or inability to use the Platform or the Services; (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and (d) any use of or access to any other website or webpage linked to the Platform.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ 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.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
8.2 Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
8.4 The User hereby: (a) consents, authorizes and permits the Site its Owner, operator, manager, servants and agents, to collect, use or disclose any personal data collected by the Site from the User in connection with the purposes set out in the Site’s Data Protection Policy (as updated from time to time, or as is otherwise required or permitted in accordance with applicable law), and in accordance with the PDPA provided that any collection, use or disclosure of the personal data are for the purposes of the facilities/services provided by the Site; (b) (in the case of personal data provided by the User to the Site) represents and warrants to the Site that the User has notified the relevant individual of the purposes set out in the Site’s Data Protection Policy (as updated from time to time), and has obtained the relevant individual’s consent for the collection, use and disclosure of his or her personal data by the Site in connection with the purposes set out in the Site’s Data Protection Policy, and in accordance with the PDPA; (c) agrees and undertakes that, to the extent it provides personal data to the Site and it has not obtained the requisite consent referred to in sub-clause (b) above in respect thereof, it shall, promptly upon providing the relevant personal data to the Site, procure all necessary notifications will be made to, and all authorizations and consents will be obtained from, the relevant individuals as may be required in accordance with the PDPA; and (d) agrees and undertakes to notify the Site promptly upon its becoming aware of the withdrawal by the relevant individual of its consent to the collection, use and/or disclosure by the Site of any personal data provided by the User to the Site. (e) For the purposes of this Clause 2: (f) “PDPA” means the Personal Data Protection Act 2012 (Act 26 of 2012) of Singapore or equivalent legislation under any applicable law; (g) “personal data” has the meaning given to such term in the PDPA. (h) The Site reserves its rights, in its absolute and unfettered discretion, to do any and/or all of the following in relation to the Site and the usage thereof, with or without prior notice to the User: (i) To change the rate of fees payable; (j) To change the scope and nature of the services provided through the Site; (k) To refuse or disallow the registration of any User, including the de-registration of any User; (l) To remove any information or material provided by any User, which the Site, in its absolute and unfettered discretion, considers to be undesirable or in breach of any of the prohibitions stated above; (m) To amend and/or supplement the Terms and Conditions herein.
10.1 Notices from us: All notices or other communications given to you if: (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
11.12 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
Definitions and Interpretation
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “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.
1.4 “Marine Online”, “we”, “our” and “us” refer to Marine Online Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 201438181K and having its registered address at 10 Pasir Panjang Road #16-01/02 Mapletree Business City Singapore 117438.
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6 “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.
1.7 “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.
1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a Customer who has an account with Marine Online may use in conjunction with the Username to access the relevant Platform and/or Services.
1.10 “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.
1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Marine Online which is presently located at the following URL: www.marineonline.com; and (b) the mobile applications made available from time to time by Marine Online, including the iOS and Android versions.
1.13 “Product” means a product or service (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “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.
1.15 “Services” means services, information and functions made available by us at the Platform.
1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out at https://aboutus.marineonline.com/docs/terms/agreement.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.20 “Username” refers to the unique login email address the Customer uses to register for an account with Marine Online and which Marine Online shall use to identify the Customer.
1.21 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian; and/or the individuals over the age of 18 acting with the prior consent/authorization from and acting for and on behalf of an employer or principal.
2.2 In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.
2.3 Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months.