Terms & Conditions
The Website (defined below) is provided by Pacific Blue Group Pte Ltd, and its subsidiaries, including, without limitation, Peachtree (collectively, “Peachtree,” “we,” “our”, or “us”). These “Terms and Conditions of Website Use” (this “User Agreement”) govern your use of the Website, regardless of how you access or use it. By “Website”, we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.
Pacific Blue Group Pte Ltd (“Peachtree” or “We”) take(s) every reasonable effort to ensure that the information provided is accurate and up-to-date on the site. Please take some time to read our terms and conditions. By using this site and its services, you are deemed to have acknowledged, understood, and agreed to the terms as stated below.
IF YOU WANT TO USE THIS WEBSITE,
then carefully read this User Agreement, as it constitutes a written agreement between you and PEACHTREE and it affects your legal rights and obligations.
Each time you access and/or use the Website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
The business realities associated with operating the Website are such that, without the limitations that are set forth in this User Agreement — such as your grants and waivers of rights, the limitations on our liability, your indemnity of us — PEACHTREE would not make the Website available to you.
PURCHASE & DELIVERY
Please ensure that the correct item, size, colour and address have been entered prior to checking out. We are unable to amend/consolidate orders once they have been confirmed. This will help us to pack your orders as efficiently as possible.
All orders will be processed within 3 working days upon verification of payment. Delivery is carried out during working hours, Mondays to Fridays, excluding weekends and local public holidays (for Normal/Registered Mail), and Mondays to Sundays, excluding public holidays (for Personal Delivery Service). Please ensure that all required information are submitted during the payment process to avoid possible delays during shipping.
We will not be held liable for any lost parcels/damaged items mailed via Normal Mail.
EXCHANGES & RETURNS
At Peachtree, we want you to be happy with your purchase so choose carefully. All our products are carefully inspected prior to shipment. As a result, we do not offer exchanges or refunds. Products are offered on an as is basis.
If for some reason Peachtree agrees to an exception then the exchange will be done if the item is in its original condition and packaging (unworn, unwashed and unaltered). Please take reasonable care to ensure that any item is returned to us safely and not lost/damaged in transit. We reserve the right not to process any exchange on damaged items that are returned to us.
The customer will bear all shipping charges involved in the exchange. All items are non-refundable.
Any exchange will only be applicable for local customers.
We accept all major credit cards made through PayPal (Visa, MasterCard, American Express). In a credit card transaction, you must use your own credit card. Peachtree is not liable for any credit card fraud. The liability for any fraudulent use of a credit card will be on the user and the onus to prove otherwise shall be exclusively on the user.
You do not need a PayPal account to make a payment and PayPal’s security automatically encrypts your confidential information.
We also accept Internet Banking. Please note that we do not accept payments made via ATM Transfer.
All prices are shown and charged in Singapore Dollars (SGD).
For overseas credit card payments, please check with your credit card company for accurate conversion rates and charges.
GIFT CARDS/DISCOUNT CODES
All vouchers are shown in Singapore Dollars (SGD).
Vouchers can only be applied once and cannot be split into several transactions.
We will not be able to issue another discount code for the remaining balance of the voucher’s credit, thus we strongly recommend you to let us know in advance if you wish to split the amount of the gift vouchers. For example, $100 gift vouchers to be split into 2 discount codes with amounts of $50 each.
All vouchers are not exchangeable for cash.
WEBSITE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS
Content. The Website contains a variety of: (i) materials and other items relating to PEACHTREE and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of PEACHTREE (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Website (including past, present, and future versions) and the Content are owned or controlled by PEACHTREE and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Website is the property of PEACHTREE or our licensors or certain other third parties, and is protected by Singapore and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. PEACHTREE owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website.
Limited License. Subject to your strict compliance with this User Agreement and the Additional Terms, PEACHTREE grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Website explicitly for you for use as part of your User-Generated Content (defined in Section 2(A)(i) below) (“PEACHTREE Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the PEACHTREE Licensed Elements are made available on the Website; but we and our licensors and certain other third parties, as the case may be, retain ownership of such PEACHTREE Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in PEACHTREE’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or PEACHTREE Licensed Elements, subject to certain Additional Terms.
Rights of Others. In using the Website, you must respect the intellectual property and other rights of PEACHTREE and others. Your unauthorised use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. PEACHTREE respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Website, then please contact us.
CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES
General. PEACHTREE may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding PEACHTREE Licensed Elements included therein, “User-Generated Content”). PEACHTREE may do this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality. Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognisable right, title, and interest that you have in your User-Generated Content.
License to PEACHTREE of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as a contest’s official rules), which will govern the submission of your User-Generated Content, you hereby grant to PEACHTREE, and you agree to grant to PEACHTREE, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitise, compress, optimise, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to PEACHTREE to your User-Generated Content, you also hereby grant to PEACHTREE, and agree to grant to PEACHTREE, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2(A)(iii).
PEACHTREE’s Exclusive Right to Manage All User-Generated Content. PEACHTREE may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and PEACHTREE may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. PEACHTREE reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which PEACHTREE will not exercise control except to block or remove content that comes to PEACHTREE’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to PEACHTREE, or to enforce the rights of third parties or the content restrictions set forth below in the Rules (defined in Section 2(B) below) when notice of their violation comes to PEACHTREE’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to submit the User-Generated Content and grant PEACHTREE the rights to it that you are granting by this User Agreement and any Additional Terms, all without any PEACHTREE obligation to obtain consent of any third party and without creating any obligation or liability of PEACHTREE; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to PEACHTREE’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate this User Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person.
Enforcement. PEACHTREE has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at PEACHTREE’s cost and expense, to which you hereby consent and irrevocably appoint PEACHTREE as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Community Usage Rules.
As a user of the Website, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Website’s online communities (“Communities”).
Nature of Rules. Your participation in the Communities is subject to all the terms in this User Agreement, including these Rules:
Your User-Generated Content. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. For example, your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to PEACHTREE. (For example, if someone has taken a picture of you and your friend, and you submit that photo to PEACHTREE as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
Speaking of Photos: No Photos, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Website, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know — and only if you have their permission to submit them. Additionally, if the photo, video, or image includes a minor, you must be the parent or guardian of the child, or have permission from the child’s parents or guardians, prior to submitting them.
Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Website. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. If you submit User-Generated Content that PEACHTREE reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. If you submit User-Generated Content that PEACHTREE reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
Others Can See. We hope that you will use the Communities to exchange information and content and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Website within a Community will be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
Don’t Share Other People’s Personal Information. Your User-Generated Content must not reveal another person’s address, phone number, e-mail address, identification number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by PEACHTREE.
Don’t Damage the Website or Anyone’s Computers or Other Internet Devices. Your User-Generated Content must not submit viruses, trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Website or any computer or other Internet Device.
We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
WEBSITE AND CONTENT USE RESTRICTIONS
Website Use Restrictions. You agree that you will not: (a) use the Website for any commercial or political purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (b) use any meta tags or any other “hidden text” utilizing any PEACHTREE trademarks or trade names; (c) engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to PEACHTREE; (d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website; (e) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, PEACHTREE, or other users of the Website; (f) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content; or (g) otherwise violate this User Agreement or any Additional Terms.
Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any PEACHTREE Licensed Elements): (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not frame or utilise framing techniques to enclose any such Content (including any images, text, or page layout); (c) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not use such Content in a manner that suggests an unauthorised association with any of our or our licensors’ products, services, or brands; (e) you will not make any modifications to such Content (other than to the extent of your permitted use of the PEACHTREE Licensed Elements, if applicable); (f) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this User Agreement or any Additional Terms or with the prior written consent of an officer of PEACHTREE or, in the case of Content from a licensor, the owner of the Content; or (g) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Website and Content. PEACHTREE may immediately suspend or terminate the availability of the Website and Content (and any elements and features of them) for any reason, in PEACHTREE’s sole discretion, and without advance notice or liability (except as set forth in any Additional Terms).
Reservation of All Rights Not Granted as to Content and Website. This User Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by PEACHTREE and its licensors and other third parties. Any unauthorised use of any Content or the Website for any purpose is prohibited.
OPENING AND TERMINATING ACCOUNTS.
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that:
You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion.
You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates.
You are solely responsible for all activities that occur under your account, password, and username, whether or not you authorise the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password).
You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device so that others may not access any password protected portion of the Website using your name, username, or password. You will immediately notify us of any unauthorised use of your account, password, or username, or any other breach of security. (See Section 4 above.) You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this User Agreement, any Additional Terms, or any legal requirement or law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits — all in our sole discretion, for any reason, and without advance notice or liability (except as may be set forth in any Additional Terms).
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, PEACHTREE and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “PEACHTREE Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
* the Website (including the Content and the User-Generated Content);
* the functions, features, or any other elements on, or made accessible through, the Website;
* any products, services, or instructions offered or referenced at or linked through the Website (except for any specific warranties provided in additional terms provided by a PEACHTREE Party who is also a product manufacturer that are included with a product that you purchase from us);
* security associated with the transmission of your User-Generated Content transmitted to PEACHTREE or via the Website;
* whether the Website or the servers that make the Website available are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Internet Device);
* whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
* whether any defects to the Website will be repaired; and
* whether your use of the Website is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN ADDITIONAL TERMS PROVIDED BY A PEACHTREE PARTY WHO IS ALSO A PRODUCT MANUFACTURER THAT ARE INCLUDED WITH A PRODUCT THAT YOU PURCHASE FROM US, PEACHTREE PARTIES FURTHER HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATIONS OF LIABILITY OF PEACHTREE PARTIES
UNDER NO CIRCUMSTANCES WILL ANY PEACHTREE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
* the Website (including the Content and the User-Generated Content);
* your use of or inability to use Website, or the performance of the Website;
* any action taken in connection with an investigation by PEACHTREE Parties or law enforcement authorities regarding your access to or use of the Website;
* any action taken in connection with copyright or other intellectual property owners or other rights owners;
* any errors or omissions in the Website’s technical operation; or
* any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
* The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if PEACHTREE Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Website).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF PEACHTREE PARTIES TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THIS USER AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PEACHTREE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY PRODUCT WARRANTY THAT IS PROVIDED BY A MANUFACTURER OF A PHYSICAL PRODUCT.
WAIVER OF INJUNCTIVE OR EQUITABLE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY PEACHTREE (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF PEACHTREE.
Updates to User Agreement. PEACHTREE reserves the right to modify this User Agreement and any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this User Agreement and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that PEACHTREE posts them on the home page of the Website, or such later date as may be specified in them.
PEACHTREE’s Consent or Approval. As to any provision in this User Agreement or any Additional Terms that grants PEACHTREE a right of consent or approval, or permits PEACHTREE to exercise a right in its “sole discretion”, PEACHTREE may exercise that right in its sole and absolute discretion. No PEACHTREE consent or approval may be deemed to have been granted by PEACHTREE without being in writing and signed by an officer of PEACHTREE.
Applicable Law. This User Agreement and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of Singapore, without regard to its conflicts of law provisions.
Indemnity. You agree to, and you hereby, defend, indemnify, and hold PEACHTREE Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any PEACHTREE Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or anticipatory breach of this User Agreement or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Websites; (v) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) PEACHTREE Parties’ use of the information that you submit to us (including your User-Generated Content); (viii) your purported “ownership” of any usage subscriptions or virtual items; and (ix) the increase or decrease in “value” or loss of usage subscriptions or virtual items if PEACHTREE deletes, terminates, or modifies them (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by PEACHTREE Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, PEACHTREE Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. PEACHTREE Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a PEACHTREE Party.
Operation of Website; Availability of Products and Services; International Issues. PEACHTREE controls and operates the Website from its offices in Singapore. PEACHTREE makes no representation that the Website is appropriate or available for use beyond Singapore. If you use the Website from other locations, you are doing so of your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this User Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue the Website and/or any content, program, product, service, or other feature described or available on the Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. Some content, programs, services, or features may be available on this Website only on a subscription or fee basis. You and we disclaim any application to this User Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
Export Controls. Software related to or made available by the Website may be subject to export controls. No software from the Website may be downloaded, exported, or re-exported into (or to a national or resident of) any country or other jurisdiction to which Singapore has embargoed goods, software, technology or services. By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list
Severability; Interpretation. If any provision of this User Agreement, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this User Agreement or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this User Agreement or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this User Agreement or any Additional Terms, the word will be deemed to mean “including, without limitation,”.
Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival. PEACHTREE reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this User Agreement and any Additional Terms, (iii) investigate any information obtained by PEACHTREE in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this User Agreement and any Additional Terms, and (vi) discontinue the Website, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to PEACHTREE under this User Agreement or any Additional Terms. Upon suspension or termination of your access to the Website, or upon notice from PEACHTREE, all rights granted to you under this User Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of this User Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to PEACHTREE in this User Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Assignment. PEACHTREE may assign its rights and obligations under this User Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This User Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of PEACHTREE.
No Waiver. Except as expressly set forth in this User Agreement or any Additional Terms, (i) no failure or delay by you or PEACHTREE in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this User Agreement or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Last updated: 9 June 2014
© 2014 PEACHTREE All Rights Reserved.
BUSINESS REG NO. 53261116X
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