Terms of Service

Security & Privacy Policy

We at 8 GEMS PRIVATE LIMITED (“8 Gems” “we,” “us,” “our”) know that our users and customers (“you,” “your”) care about how your personal information is collected, used and shared, and we take your privacy seriously. Please read this Security & Privacy Policy (“Policy”) to understand how 8 Gems may collect, use and disclose your personal data, whether through the 8 Gems website at http://8gems.com.sg (“Site”) or in the course of our normal business operations.

  1. Consent

    By accessing the Site and/or providing personal data to 8 Gems, you hereby acknowledge that you have read this Policy and that you consent to the collection, use and disclosure of your personal data by 8 Gems in accordance with this Policy. If you do not consent to the terms of this Policy, please do not access the Site or provide your personal data to 8 Gems.  
    8 Gems does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with 8 Gems (“Account”). If you are under 18, please do not use the Site, attempt to register an Account or send any personal data about yourself to us.

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  3. What is Personal Data?

    “Personal data” means data about a person who can be identified (i) from that data, or (ii) from that data and other information to which 8 Gems has or is likely to have access.

     

  4. What personal data does 8 Gems collect?

    We gather various types of personal data of our users and customers, as explained more fully below.

    Data that is voluntarily provided. 8 Gems collects personal data that you voluntarily provide to us, whether through the Site or other platforms and channels (such as through email, telephone and other forms of communication). At various places on the Site, or in the course of obtaining the services provided by 8 Gems, you may be required to provide certain personal data such as your full name, email address, address, country of residence, telephone number and other personal information, in order to access or use certain features or services of the Site, or to otherwise obtain our services. For example, personal data may be collected when you register an Account, make a purchase, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact 8 Gems via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site, or to obtain certain services from us.  

    Data that is sent automatically. In addition, 8 Gems collects data that is sent automatically by your web browser, computer, mobile or tablet device. This may include your IP address, the address of the web page you were visiting when you accessed our Site, date and time of your visit, information about the device you are using and other information. Please check the settings of your browser and/or device if you want to know what data is automatically sent or if you wish to change your settings. Please also refer to the section on “Use of Cookies” below.  

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  6. How do we use your data?

    Generally, we collect personal data in order to provide our products and services to you, and to personalise and improve our services and your user and customer experience with 8 Gems. Personal data collected by 8 Gems may be used:

    1. to process, record, monitor and fulfil your orders and deliveries;
    2. to plan and schedule routes for deliveries;
    3. to verify and process your personal particulars and payment;
    4. to communicate with you, including to confirm and update you on the status of your orders and deliveries, and respond to your queries and requests;
    5. to improve our products or services;
    6. to inform you of promotions, offers, surveys, events, products and services, which may be of interest to you;
    7. to conduct marketing research, user profile and statistical analysis;
    8. to customise your online experience according to your chosen interests and preferences and enhance your current and future visits to the Site and customer experience with us;
    9. to update and back-up our records;
    10. to reduce credit risk, detect and protect us against error, fraud and other criminal activity;
    11. to comply with law, the requests of law enforcement and regulatory officials, or orders of court;
    12. to enforce our legal rights and remedies; or
    13. for such other purposes notified to you on or before collection or use of the data.
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  8. Who do we disclose your data to?

    We do not rent, trade or sell your personal data. Your personal data will not be disclosed by 8 Gems to any third party, except: 

    1. to:
      1. our technology, marketing and logistics service providers; 
      2. credit card and payment processing companies;
      3. any other agents, service providers or subcontractors acting for or on behalf of 8 Gems, to the extent required to carry out the purposes set out in Section 4, or to do anything at your request; or
    2. where you expressly consent to such disclosure; or
    3. where such disclosure is required or permitted by applicable law, statute, stock exchange regulation or by-law, regulatory or governmental order or court order.

    From time to time, we may collaborate with other third parties to organise joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties. For example, where a promotion or Precious Code is specially offered to customers of our third party partner, we may share your information with that partner to the extent relevant to such promotional campaign. In some cases, you may not be able to enjoy the promotion, offer or participate in the contest, unless you consent to disclosure to our partner of your information. “Precious Code” refers to any credits, vouchers, coupons or codes offered by 8 Gems for use in the purchase of goods from 8 Gems.  

    Recipients of your personal data may be located outside Singapore. You agree that we may transfer your personal data to our affiliates, subsidiaries and/or other third parties located outside of Singapore, as long as the personal data is handled in accordance with this Policy and all applicable laws. 8 Gems will ensure recipients of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012 (No. 26 of 2012). 

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  10. How long do we retain your data?

    Personal data provided by you will be retained as long as the purpose for which the data was collected continues. Thereafter, 8 Gems will destroy or delete the information, or remove the means by which the data can be associated with you, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect 8 Gems’ interests. 

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  12. Is your data secure? 

    1. As your Account is protected by a password for your privacy and security, we ask that you take steps to protect against unauthorised access or use of your Account. Please select and protect your password appropriately and limit access to your device and browser by signing off after you have finished accessing your Account. You are responsible for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorised password use.
    2. 8 Gems understands the importance of keeping your personal data private and secure. We, therefore, put in place security arrangements to protect your privacy and personal data, in a manner that we believe is reasonably appropriate to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. Please be informed that despite our best efforts, no security measures are impenetrable. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of your personal data. 8 Gems does not warrant or guarantee in any way that your personal information or private communications will always remain private and/or safe. 8 Gems hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence.
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  14. Use of Cookies  

    In order to improve our products and services, we collect data by way of “cookies”. Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site. This information allows us to better administer the Site and provide a more tailored and user-friendly service to our Site visitors. Cookies also enable you to use or access certain features or services of our Site, including the basket and check-out features. For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers. Cookies are small data files that are sent to your browser from our Site and are stored on your computer’s or device’s hard drive. Each time you visit our Site from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Site to recognise your computer or device as having previously visited our Site and thereby increase the functionality of our Site on your computer or device. Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site.

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  16. How to access and correct your data?   

    If you wish to access, correct or update your personal data, you may do so at any time by accessing your Account settings through the Site. Alternatively, you may contact us at enquiries@8gems.com.sg. You are responsible for providing us with correct and updated information. 

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  18. What choices do you have?

    1. You may request deletion of your account by sending an email to enquiries@8gems.com.sg. Please note that some information may remain in our private records after deletion of your account. We may use any aggregated data derived from or incorporating your personal data after you delete your account, but not in a manner that would identify you personally unless permitted by law.
    2. If you do not wish to receive email or other communications from us, you can unsubscribe from our mailing list by using the unsubscribe facility that may be provided with such email or communication, or contact us at enquiries@8gems.com.sg.
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  20. Questions or Concerns

    Please direct any questions or concerns that you may have regarding our handling of your personal data to:

    The Data Protection Officer
    Email: enquiries@8gems.com.sg

    Please provide your name, contact number, email address and all relevant details along with your question or concern, so that we can review and respond to your question or concern in an efficient and effective manner.

     

  21. Right to amend Policy 

    8 Gems reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site.

 

Terms of Use

By accessing this Site and/or using the Services, you hereby agree:

  1. that you have read and agree to be legally bound by these Terms of Use, including our Security & Privacy Policy; and
  2. that you are the user of the Site and/or Services and are 18 years or above.

If you do not accept these Terms of Use, please leave the Site and/or discontinue use of the Services immediately. 

8 Gems may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site. Any use of the Site or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you. If you do not agree to the amended Terms of Use, you have the right to stop using the Site and Services.

 

Site and Services

  1. The Site is owned and maintained by 8 Gems.
  2. 8 Gems operates an online store through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of 8 Gems products; and operates and offers scheduling of third party seller, logistics provider, courier, or vehicle through the use of Site:
    1. access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
    2. search engines or tools;
    3. blogs, message boards, communication tools;
    4. email or message alerts; and
    5. any other services, features, content or applications that 8 Gems may offer through the Site from time to time in our sole and absolute discretion.
  3. 8 Gems reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
  4.  

License

  1. 8 Gems hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and access and use the Services available via the Site, subject to the terms set out in these Terms of Use.
  2. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
    1. any Service;
    2. the Site;
    3. any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”), except, to the extent permitted, with the prior written consent of 8 Gems or unless expressly permitted in these Terms of Use.
  3. Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of 8 Gems.
  4. The Site and all Content are the copyrighted work of 8 Gems or our content or software providers, and 8 Gems reserves and retains all rights in the Site and Content.
  5. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content, except under the specific circumstances expressly permitted by law or 8 Gems in writing.
  6. You may not hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper working of the Site and Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

 

Account Information

  1. To access certain parts of the Site or Services, you will be required to sign-up for an account with 8 Gems (“Account”) and select a user name (“User Name“) and password (“Password“).
  2. You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
    1. share or permit others to use your Account or Password; or
    2. assign or transfer your Account to any other person or entity.
    3. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. 8 Gems shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at enquiries@8gems.com.sg. You may not authorise others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.
    4. Please provide accurate, complete and up-to-date information required for your Account. You may at any time change or update your Account information by here.

 

Orders, Pricing & Payments

  1. Delivery areas

    At present, 8 Gems delivers to all addresses within mainland Singapore and Sentosa Island, with limited international delivery. For international delivery, please email enquiries@8gems.com.sg for more information. You may also contact us at enquiries@8gems.com.sg to check on our delivery coverage. 8 Gems will only process and accept orders within our delivery coverage.

  2. Orders

    1. 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 of Use. All orders shall be subject to acceptance by 8 Gems. Processing of payment for an order shall not in itself constitute acceptance of the order by 8 Gems, provided that where an order for any product(s) is rejected or cancelled by 8 Gems, any payment made for such order shall be reversed or refunded by 8 Gems in accordance with our prevailing refund policy at such time.
    2. All orders made by you are subject to stock availability. 8 Gems 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. 8 Gems reserves the right to limit your order or the quantity of a particular product you may order.
  3. Product Information, Pricing and Payment

    1. 8 Gems 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 8 Gems shall not be liable for any errors in the pricing and product or promotional information listed on our Site 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 Site or through our Services. If a product offered by 8 Gems itself is not as described, your sole remedy is to return it in unused condition.
    2. If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given the 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.
    3. All product prices are shown in Singapore dollars and are not 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.
    4. Payment for all orders shall be made in Singapore dollars.
    5. We accept payment for orders by MasterCard, Visa and American Express only.
    6. By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
    7. 8 Gems will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, 8 Gems reserves the right to collect funds for any uncollected transactions owed to it. 8 Gems may charge a fee of S$5.00 per order should a payment made via credit card be declined, resulting in the need for alternate payment or exception processing.
    8. If you fail to pay any fees or charges when due or if a re-delivery or restocking fee is imposed, 8 Gems may charge such amount directly to the credit card identified in your Customer Account Information and 8 Gems may suspend or terminate your access to 8 Gems services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that 8 Gems may incur in its efforts to collect any unpaid balances from you. Your right to use the 8 Gems services is subject to limits established by 8 Gems and/or by your credit card issuer.

  

Promotions, Precious Codes and other Privileges and Programmes

  1. From time to time 8 Gems 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 of Use.
  2. Promotions, contests, privileges, and programmes are only valid for the time period specified by 8 Gems and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.
  3. The following terms shall apply to the use of Precious Codes:
    1. Unless otherwise stated, Precious Codes do not apply to delivery charges.
    2. Use of any Precious Code must be indicated at the time of checkout, and all information required by 8 Gems must be provided. No retroactive use of the Precious Code is permitted.
    3. Precious Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
    4. Precious Codes cannot be refunded, redeemed or exchanged for cash.
    5. Resale, transfer and sharing of Precious Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by 8 Gems, may be purchased by you and given to others.
    6. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Precious Codes is allowed.
    7. Precious Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
    8. 8 Gems reserves the right to verify the validity of any Precious Code and to declare null and void and charge full price for items purchased, any Precious Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
    9. 8 Gems 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 Site.
    10. 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.
    11. Where you are permitted to return any product to 8 Gems 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, 8 Gems may charge the delivery fee and/or the full value of the order without the promotion.
    12. 8 Gems’ decision on all matters relating to promotions, discounts, Precious Codes and other privileges is final and binding.
    13. 8 Gems reserves the right to discontinue any promotion, discount, Precious Code programme, contest, privilege or programme at any time without notice or liability.
    14. Where applicable, there will be no limit to the number of vouchers issued per account unless stated.
    15. Precious Codes cannot be used by customers already in employee or other discount groups.
    16. You must not disclose, publish, reproduce, republish or broadcast any promotion code, personal identification number or password without 8 Gems’ permission.
    17. Please check your offers, vouchers, promotion codes, rebate letters and redemption letters carefully for expiration dates as these may vary by promotion.
    18. 8 Gems may vary these Terms and Conditions or discontinue any promotion/discount/benefit/privilege at any time without any notice or liability to any party. Any change to these Terms and Conditions will take effect immediately, unless stated otherwise. Notice of any changes is deemed to be given when published on the website and 8 Gems assumes no obligation to provide notice in any other manner.
    19. 8 Gems shall not be liable for any loss, claim or damage suffered or incurred as a result of the use of 8 Gems’ goods and services or redemption of gifts or vouchers or use of promotion codes or any other privileges. 8 Gems shall have no liability whatsoever in respect of interruptions or unavailability of the 8 Gems’ website or goods and services at any time.
    20. 8 Gems makes no representation or warranty whatsoever, express or implied, with respect to the promotions/discounts/benefits/privileges offered.
    21. 8 Gems may market, promote or transmit information about any promotions/discounts/benefits/privileges in any and all media or formats.
    22. By participating in a Promotion, participants agree that 8 Gems and its affiliated companies and business units may collect, use and disclose personal data for the sole aforementioned purpose(s) in the Terms & Conditions 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.
    23. All information is correct at time of print. While every effort is made to keep our promotions information as up to date as possible, there might be short delays in updating such information. In this instance, the new terms and conditions of the relevant promotion/discount/benefit/privilege shall apply and override the information stated on our website.

 

Deliveries & Returns

  1. Deliveries

    1. 8 Gems 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 factors outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that 8 Gems 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.
    2. Please notify 8 Gems 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 of S$10.00.  
    3. 8 Gems delivers your order in a cooler bag with ice gels, so as to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate items.
    4. If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, 8 Gems reserves the right to charge a re-delivery or cancellation fee of S$15.00.
  2. Returns

    1. If you are not completely happy with your products, or if there is any damaged or incorrect product(s) (including delivery of additional product(s) not ordered by you), please contact us within 3 days of your delivery date at enquiries@8gems.com.sg. 8 Gems at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
    2. We ask that all returned products are not used or expired, and in the original box and/or packaging. 8 Gems 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 8 Gems exercises its right to inspect the Product, 8 Gems’ decision in respect of such returned products shall be deemed final and binding on you.

 

Intellectual Property

  1. The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site and all Content shall vest in and remain with 8 Gems and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with 8 Gems for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of 8 Gems is strictly prohibited. You acknowledge that 8 Gems 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. 8 Gems reserves the right to revoke this authorisation at any time, and any use shall be discontinued immediately on written notice from 8 Gems.
  2. The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of 8 Gems and other third parties, and all rights to the Marks are expressly reserved by 8 Gems and relevant third parties. You are not permitted to use the name of 8 Gems or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of 8 Gems or such third party.
  3. The domain name on which the Site is hosted on is the sole property of 8 Gems and you may not use or otherwise adopt a similar name for your own use.

 

Comments, Feedback, and Other Information

  1. 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 email address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. 8 Gems reserves the right (but not the obligation) to review, remove or edit such content.
  2. You hereby grant 8 Gems 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 Site, for any purpose as 8 Gems may require at its sole discretion. You further agree that 8 Gems may use and publish your name in connection with such Comments.
  3. If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at enquiries@8gems.com.sg.

 

Disclaimers & Limitations

  1. While we make every effort to ensure that the Site, Services and all Content are accurate and complete, we provide the Site, 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, 8 Gems disclaims all conditions, representations and 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, 8 Gems does not warrant that the functions contained in or access to the Site, 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 Site, Services, or Content are free of viruses or other harmful components. 8 Gems does not warrant or make any representations regarding the use or the results of the use of the Content, the Services or the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise. Your use of the Site or Services and any third party services or products remains solely with you to the maximum extent permitted by law. 
    1. 8 Gems 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 Site or Services without assigning any reason; and
    2. access to or the operation of the Site 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;
    3. 8 Gems’ Site and Service may be subject to limitations, delays, and other problems inherently and in any such event, 8 Gems shall not be liable for any loss, liability or damage, which may be incurred as a result.
    4. In no event shall 8 Gems 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 Site, Content or any other website or device. In the event that 8 Gems is liable for damages despite the foregoing provision, you agree that 8 Gems’ aggregate liability to you for any and all causes of action in relation to:
    5. any order, sale or delivery of any product by 8 Gems under these Terms of Use shall not exceed the price of the product giving rise to such claims; and
    6. in all other cases (including any use of the Site or Services), shall not exceed S$1.00.
    7. In no event shall 8 Gems be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if 8 Gems or an 8 Gems authorised representative has been advised of, or should have foreseen, the possibility of such damages.  
    8. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by 8 Gems at either reasonable costs or no costs to you.

 

Linked Sites

  1. 8 Gems may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites“) that may be of relevance and interest to users. 8 Gems has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. 8 Gems does not endorse, recommend or guarantee any of the Linked Sites, and 8 Gems expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

 

Suspension and Termination

  1. You agree that 8 Gems has the right in its sole and absolute discretion and without notice or liability to:
    1. restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or
    2. terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
    3. Without prejudice to the generality of the above, 8 Gems reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.  

 

Notification of Infringement

  1. 8 Gems reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, or Services, please notify 8 Gems in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
  2. All Infringement Notices shall be sent to 8 Gems at enquiries@8gems.com.sg, addressed as follows:
    1. 8 Gems will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against 8 Gems in respect of any Infringing Material, unless you have first given 8 Gems the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter 8 Gems refuses or fails to remove the Infringing Material within a reasonable time. Where 8 Gems removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against 8 Gems under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by 8 Gems.
    2. You acknowledge and agree that 8 Gems has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

 

Jurisdictional Issues

  1. The Site and Services are meant for use by residents of Singapore only. 8 Gems makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Indemnity

  1. You agree to indemnify and hold 8 Gems, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
    1. any use of the Site or any Service;
    2. your connection to the Site;
    3. your breach of any terms and conditions of these Terms of Use;
    4. your violation of any rights of any third party, including providers of courier services arranged via the Site or any Service;
    5. your violation of any rights of another person or entity; or
    6. your breach of any statutory requirement, duty or law.

 

Severability

  1. If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

 

Relationship of Parties

  1. Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between 8 Gems and you and neither party shall have any authority to bind the other in any way.

 

Waiver

  1. No waiver of any rights or remedies by 8 Gems shall be effective unless made in writing and signed by an authorised representative of 8 Gems.
  2. A failure by 8 Gems to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

Force Majeure

  1. No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
  2. For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

 

Governing Law & Jurisdiction

  1. These Terms of Use and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
  2. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.