TERMS AND CONDITIONS

Last updated: December 6, 2013

Please read these Terms and Conditions carefully. By placing an order for a product or service, you agree to abide by them.

1. SCOPE AND APPLICATION

1.1
These Terms and Conditions apply to all sales of products (including, without limitation, hardware and/or software) ("Products") and the provision of services by Click And Deploy (Pte. Ltd.) via this website ("Website") to you, the purchaser (references to "you" or "your" being construed accordingly).
1.2
By placing an order you agree to abide by these Terms and Conditions.
1.3
These Terms and Conditions also apply to future contractual relationships.

2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE

2.1
The prices, price quotations and descriptions made or referred to on the Website do not constitute an offer.
2.2
While we make every effort to ensure that items appearing on the Website are available, we cannot guarantee that all items are in stock at the time of your order. The same applies for services that we render ourselves, when preparations dependent on the nature of the service have to be made. If we provide services by identifiably creating access for you to a third party, the specifications of that third party shall apply. If we are unable to process or fulfill your order, we shall duly and immediately inform you of this by e-mail. If the period between the placement of your order and the forecasted availability is more than two weeks, you shall be entitled to cancel your order within one week of receiving the availability information from us. The date the cancellation is received by us shall determine its punctuality. If one or more of the items ordered by you is/are permanently unavailable, we will likewise inform you by e-mail.
2.3
An order submitted by you constitutes an offer by you to us to purchase Products or order services subject to these Terms and Conditions and is subject to our subsequent acceptance. We are under no obligation to accept your order. Subsection 2.2 of these Terms and Conditions remains unaffected.
2.4
Prior to our acceptance, an automatic e-mail acknowledgement of your order is generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
2.5
Our acceptance of your order only takes effect and the contract is only concluded when we dispatch the Products you have ordered or start rendering the service. Downloadable Products are delivered after receipt of payment.
2.6
We can retain documents regarding incoming orders, confirmations, acceptances, and other contractual documents for an appropriate duration after declaration of our acceptance. We are under no obligation to do so however. We may be able to provide you with copies of such documents on written request; the costs of a copy and its delivery shall be borne by you. However you must make sure you print or save a copy of all such documents and these Terms and Conditions for your own records.

3. YOUR DATA

3.1
You represent that all information provided by you when placing your order is up-to-date, materially accurate, and sufficient for us to fulfill your order.
3.2
You are responsible for maintaining, promptly updating, and completing your account information with us. You must secure against unauthorized access all passwords and data provided to you by us for the purpose of accessing the web-based customer service and purchasing Products.

4. PRICES AND TERMS OF PAYMENT

4.1
Prices payable for Products are those detailed for the relevant Products or services. The following stipulations shall apply.
4.2
We have the right at any time prior to our acceptance to withdraw any discount and/or to revise prices to take into account increases in costs, including, without limitation, costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We shall notify you of this immediately and refer you to the relevant conditions. In such event, if you choose to continue with fulfillment of the order, you acknowledge that the Product will be provided at the corrected price. We shall likewise inform you that this is the case.
4.3
Prices (unless stated otherwise) are in the currency quoted on the Website.
4.4
Unless otherwise specified, prices quoted are:
4.4.1
exclusive of the costs of shipping if physical delivery is required; and
4.4.2
exclusive of VAT, goods and services tax and any other tax or duty which (where applicable) must be added to the price payable.

By placing an order, you agree to pay for the shipping or carriage of Products at the prices specified by us at the time of your order. We reserve the right not to dispatch Products to countries or persons if a delivery to such countries or persons is prohibited by law.
4.5
Payments shall be made prior to delivery and by such methods as are indicated on the Website. Payment types that deviate from this description require our prior consent.
4.6
The payment types available for your order are displayed to you on the Website.
4.7
We charge credit cards immediately upon receipt of your order. We reserve the right to verify credit card payments prior to accepting your order.

5. DUTY TO EXAMINE AND TO MAKE COMPLAINTS

You are responsible for checking Products to the customary extent immediately upon delivery and verifying that they are in a satisfactory condition, in accordance with their description, and complete. You can only assert rights arising from defective Products or short delivery, if you notify us of the situation in writing no later than ten (10) working days after the receipt of the Products.

6. SOFTWARE

Where any Product supplied by us is or includes software, this software is licensed by us or by the relevant licensor subject to the relevant end-user license agreement or other license terms included with the software and/or the Product ("License Terms"). Such software may not be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that this is permitted in the License Terms.

7. SERVICE CONTRACT AND SERVICE CREDITS

Where any Product supplied by us is or includes services provided on a contract basis, the contract period shall be 12 months, unless otherwise indicated within the service description, and renew automatically unless terminated with 15 days advance notice by either you or us. We reserve the right to terminate a service contract by giving 15 days advance notice followed by refund of any unused service credits and/or monthly subscription, where applicable, within 15 days of service termination. Service credits purchased for the service contract will ONLY be valid during the contract period. In the absence of a paid service contract, we reserve the right to cancel, without refund, any service credits purchased and unutilized for more than 24 months.

8. LIABILITY LIMITATION

7.1 NEITHER WE NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between us and you.

9. RETENTION OF TITLE

9.1
Title to Products shall not pass from us to you until payment in full of the price in respect of the order, including any interest or other payments due in respect of those Products, is made. Until that time, you shall store the Products in such a way as to enable them to be readily identified as our property at any time, and keep proper and accurate records to enable us to distinguish Products for which payment has been made in full from those Products for which payment is outstanding. You shall not seize the Products or transfer the Products by way of security.
9.2
We reserve the right to repossess the Products in the event of default and the presence of the prerequisites justifying rescission, and thereafter to resell the same. Repossession by us simultaneously constitutes a declaration of rescission.

10. THIRD PARTY RIGHTS

You shall indemnify us against any and all liabilities, claims, and costs incurred by or made against us as a direct or indirect result of us performing services or carrying out any work on or to the Products where this has been done to your or your representative's specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party. This shall not apply if and insofar as the infringement of the third party property rights is not attributable to you.

11. CONSENTS, CUSTOMS DUTIES & EXPORT

11.1
If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you shall obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle you to withhold or delay payment for the Product. Any additional expenses or charges incurred by us resulting from such failure shall be borne by you.
11.2
Products sold to you under these Terms and Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery of or use them. You shall be responsible for complying with these laws and will not do anything to breach them.

12. NOTICES

Any notices or other communications in relation to our contract may be issued by e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law.

13. GENERAL

13.1
You shall not assign your rights to third parties under these Terms and Conditions.
13.2
All of our Products and services are provided subject exclusively to these Terms and Conditions. Terms and Conditions set out by you that contradict or deviate from these Terms and Conditions shall only apply if they are expressly accepted by a member of the Board of Management, an authorized representative, or a person empowered by us to do so. Your Terms and Conditions shall also be non-binding, even if their validity has not been expressly rejected. Tacit recognition of your Terms and Conditions by implied conduct shall be excluded.
13.3
Any forbearance, delay or indulgence by either you or us to enforce any provision of this Terms and Conditions shall not constitute a waiver of these rights.
13.4
These Terms and Conditions supersedes all prior agreements, representations and understandings between the Parties regarding the subject matter hereof.

14. GOVERNING LAW AND JURISDICTION

14.1
These Terms and Conditions shall be governed by the law of the Republic of Singapore, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.