TERMS AND CONDITIONS
TERMS AND CONDITIONS OF USE
The following terms and conditions govern all use of the https://www.kbe.com.sg (“Website”) and https://online-appointment-booking.aquilalogic.com.sg (“Mobile App”) and all content, services and products available at or through the Website and/or the Mobile App. The Website is owned and operated by KBE AIR-CONDITIONING & ENGINEERING PTE. LTD. (“KBE“). The Website and/or the Mobile App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, KBE’s Privacy Policy) and procedures that may be published from time to time on the Website and/or the Mobile App by KBE (collectively, the “Agreement“).
Please read this Agreement carefully before accessing or using the Website and/or the Mobile App. By accessing or using any part of the Website and/or the Mobile App, you agree to become bound by the terms and conditions of this agreement and KBE’s Privacy Policy which can be accessed here https://www.kbe.com.sg/privacy-policy/. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website and/or the Mobile App or use any services. If these terms and conditions are considered an offer by KBE, acceptance is expressly limited to these terms. The Website and/or the Mobile App is available only to individuals who are at least 18 years old.
- Your Account with us.You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and KBE may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause KBE liability. You must immediately notify KBE of any unauthorized uses of your account or any other breaches of security. KBE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Payment made through the Website and/or the Mobile App. Payments made to KBE through the Website and/or Mobile App are operated and maintained by Nets & Paypal and the terms of the payment and the usage and storage of any of your financial details including the numbers and personal information about your credit and/or debit cards shall be governed by the terms and conditions of Nets & Paypal which can be accessed here <hyperlink to the T&C of the Payment Gateway provider). By selecting a product or service under the Website and/or the Mobile App, you agree to be bound by KBE’s Terms and Conditions for sale of goods and/or the provision of services which can be accessed https://www.kbe.com.sg/terms-and-conditions/
- Responsibility of the Visitors.KBE has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and/or the Mobile App, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and/or the Mobile App, KBE does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and/or the Mobile App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and/or the Mobile App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. KBE disclaims any responsibility for any harm resulting from the use by visitors of the Website and/or the Mobile App, or from any downloading by those visitors of content there posted.
- Content Posted on other websites and/or mobile apps.At times you may be lead to another websites’ or mobile apps landing pages from our Website and/or Mobile App. We have not reviewed, and cannot review, all of the material, including computer software, made available through the other websites, mobile apps and webpages to which www.kbe.com.sg and KBE Web App links, and that link to https://online-appointment-booking.aquilalogic.com.sg/ and KBE Web App. KBE does not have any control over those non-KBE websites and/or mobile apps and webpages, and is not responsible for their contents or their use. By linking to a non-KBE website and/or mobile app or webpage, KBE does not represent or imply that it endorses such website and/or mobile app or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KBE disclaims any responsibility for any harm resulting from your use of non-KBE website and/or mobile apps and webpages.
- Copyright Infringement.As KBE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://online-appointment-booking.aquilalogic.com.sg/ and KBE Web App violates your copyright, you are encouraged to notify KBE in writing. KBE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. KBE will terminate a visitor’s access to and use of the Website and/or the Mobile App if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of KBE or others. In the case of such termination, KBE will have no obligation to provide a refund of any amounts previously paid to KBE.
- Intellectual Property.This Agreement does not transfer from KBE to you any KBE or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KBE. KBE, https://kbe.com.sg and KBE Web App the https://online-appointment-booking.aquilalogic.com.sg/ and KBE Web App logo, and all other trademarks, service marks, graphics and logos used in connection with https://online-appointment-booking.aquilalogic.com.sg/ and KBE Web App, or the Website and/or the Mobile App are trademarks or registered trademarks of KBE or KBE licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and/or the Mobile App may be the trademarks of other third parties. Your use of the Website and/or the Mobile App grants you no right or license to reproduce or otherwise use any KBE or third-party trademarks.
- KBE reserves the right to display advertisements in the Website and/or the Mobile App.
- KBE reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and/or the Mobile App following the posting of any changes to this Agreement constitutes acceptance of those changes. KBE may also, in the future, offer new services and/or features through the Website and/or the Mobile App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- KBE may terminate your access to all or any part of the Website and/or the Mobile App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your (insert the Website address) and (insert mobile app name) account (if you have one), you may simply discontinue using the Website and/or the Mobile App. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by KBE if you materially breach this Agreement and fail to cure such breach within thirty (30) days from KBE notice to you thereof; provided that, KBE can terminate the Website and/or the Mobile App immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.The Website and/or the Mobile App is provided “as is”. KBE and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KBE nor its suppliers and licensors, makes any warranty that the Website and/or the Mobile App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and/or the Mobile App at your own discretion and risk.
- Limitation of Liability.In no event will KBE, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KBE under this agreement during the three (3) month period prior to the cause of action. KBE shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.You represent and warrant that (i) your use of the Website and/or the Mobile App will be in strict accordance with the KBE Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website and/or the Mobile App will not infringe or misappropriate the intellectual property rights of any third party.
- You agree to indemnify and hold harmless KBE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or the Mobile App, including but not limited to your violation of this Agreement.
- This Agreement constitutes the entire agreement between KBE and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KBE, or by the posting by KBE of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and/or the Mobile App will be governed by the laws of the Singapore, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Singapore. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KBE may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.