Terms & Conditions | Davis Materialworks

1. ACCEPTANCE OF TERMS

We, Davis Materialworks, own and operate the websites (“Site”) located at www.davismw.com, www.dmw.sg and its sub-domains

1.2 By using the Site, you acknowledge and agree to these Terms of Use. We may update these Terms of Use occasionally and notify you of changes through any reasonable means, including posting the revised Terms of Use on the Site with a "last updated" date. Your continued use of the Site after any changes to the Terms of Use constitutes your acceptance of the updated terms.

2. ABILITY TO ACCEPT TERMS OF USE

2.1 You confirm that you are either over 18 years old or have legal parental or guardian consent and are fully capable of understanding and agreeing to the terms, conditions, obligations, affirmations, representations, and warranties in these Terms of Use of abiding by and complying with them.

3. SITE ACCESS

3.1 You are responsible for all access to the Site via your internet connection, even if it is by someone else.

We will make reasonable efforts to ensure the Site is always available. However, we cannot guarantee continuous availability or functionality. The Site may be unavailable during upgrades or essential maintenance.

4. ACCESS TO SITE OUTSIDE OF SINGAPORE

We do not guarantee that the Site's materials are suitable or accessible outside Singapore. Accessing the Site from locations where its contents are illegal or unlawful is prohibited. If you access the Site from another country, you do so at your own risk and are responsible for complying with local laws.

5. YOUR USE OF THE SITE

5.1 Your permission to use the Site is personal, non-transferable, and not for commercial purposes. You agree to follow the rules of conduct in these Terms of Use and not to:
5.1.1 Use the Site for any fraudulent or unlawful purpose;
5.1.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
5.1.3 Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
5.1.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
5.1.5 Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
5.1.6 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
5.1.7 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
5.1.8 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
5.1.9 Frame or mirror any part of the Site without our express prior written consent;
5.1.10 Create a database by systematically downloading and storing Site content;
5.1.11 Use any manual or automatic device to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent.
5.2 We reserve the right to revoke these exceptions at any time, generally or in specific cases.

6. THIRD-PARTY WEBSITES

6.1 The Site may contain links to other websites and online resources. We are not responsible for nor endorse such external sites or resources. Your use of third-party websites and resources is at your own risk. We encourage you to review the terms and privacy policies of any third-party websites you visit, as their practices may differ from our own.
6.2 You may create a link to this Site, provided that:
6.2.1 The link is fair and legal and is not presented in a way that is: a. Misleading or could suggest any association, approval, or endorsement by us that does not exist, or b. Harmful to our reputation or the reputation of any of our affiliates;
6.2.2 You retain the legal right and technical ability to immediately remove the link at any time, following our request.
6.3 We reserve the right to require you to remove any link to the Site at any time immediately, and you shall immediately comply with any request by us to remove any such link.

7. INTELLECTUAL PROPERTY

7.1 The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code, and other available content are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

8. DISPUTE RESOLUTION

8.1 Any disputes arising under or in connection with these Terms of Use shall first be attempted to be resolved through good faith negotiations between the parties. 8.2 If the dispute cannot be resolved through negotiation, the parties agree to participate in mediation or arbitration before resorting to litigation.

9. COLLECTION OF PERSONAL INFORMATION

9.1 We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking "Privacy Policy" at the footer of our website.

10. USER-GENERATED CONTENT

10.1 Our Site may allow users to submit questions, comments, or other content (collectively, "User-Generated Content") about the products and services under the frequently asked questions or other sections of the Site. By submitting User-Generated Content, you represent and warrant that you have the necessary rights and permissions to share and use such content.
10.2 You agree that any User-Generated Content submitted by you will not:
10.2.1 Be abusive, defamatory, offensive, hateful, or otherwise inappropriate;
10.2.2 Infringe on any intellectual property rights, privacy rights, or other rights of any third party;
10.2.3 Violate any applicable laws or regulations; or
10.2.4 Contain any spam, unsolicited promotions, or other commercial content.
10.3 We reserve the right, at our sole discretion, to review, edit, or remove any User-Generated Content submitted to the Site that we deem inappropriate or in violation of these Terms of Use.
10.4 By submitting User-Generated Content to our Site, you grant us and our affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content throughout the world in any media, without compensation or acknowledgement. You also grant us and our affiliates the right to use the name you submit in connection with your User-Generated Content if we choose.

11. USER ACCOUNTS AND ACCOUNT SECURITY

11.1 Our Site may require or allow users to create and maintain accounts to access certain features or services. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted during registration.
11.2 You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security related to your account.
11.3 We reserve the right to refuse registration, terminate accounts, or remove or edit content at our sole discretion and without prior notice for any reason, including but not limited to violations of these Terms of Use.
11.4 You are responsible for ensuring that your account information, including your email address, is always up to date and accurate. We will not be responsible for any loss or damage arising from your failure to maintain the security of your account information or to update your account information as necessary.

12. PAYMENTS, REFUNDS, AND CANCELLATIONS

12.1 Our Site offers products and services for which payment is required. All payment terms, including payment methods, refunds, and cancellations, are specified in the invoice, quotation, or agreement provided to you upon purchasing our products or services.
12.2 By purchasing products or services through our Site, you agree to comply with the payment terms outlined in the applicable invoice, quotation, or agreement. Failure to comply with these payment terms may result in the suspension or termination of your access to our products or services and any additional remedies available to us under applicable law.
12.3 Refunds and cancellations will be processed according to the terms specified in the invoice, quotation, or agreement. Please carefully review the applicable terms before making a purchase.
12.4 We reserve the right to change the prices of our products and services at any time. Any pricing changes will not affect purchases made before the effective date of the change.

13. INDEMNIFICATION

13.1 Using our Site, you agree to take responsibility for any costs, damages, or legal expenses (including attorney's fees) resulting from your violation of these Terms of Use or your activities on the Site, regardless of your location. You agree to protect our company from any financial loss or liability arising from such situations.

14. LIMITATION OF LIABILITY

14.1 We provide the Site on an “as is” basis and make no representations as to the quality, completeness, or accuracy of any content available on the Site. To the maximum extent permitted by law, we expressly exclude the following:
14.1.1 All conditions, warranties, and other terms that might otherwise be implied by law in these Terms of Use; and
14.1.2 Any liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site, subject to a maximum total liability cap equal to the greater of SGD 50 or the amount you have paid to us, if any, for the use of the Site within the last 12 months.

15. CONTACT INFORMATION

15.1 If you have any questions, concerns, or complaints about these Terms of Use or any other matter relating to the Site, please feel free to contact us using our email form (www.davismw.com/contact-us) or write to the Administrator of Davis Materialworks: 39 Ubi Road 1 #02-04 Singapore 408695. We will make every effort to address your inquiries in a timely manner.

16. SEVERABILITY

16.1 If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect without being affected, impaired, or invalidated in any way. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original condition's objectives to the greatest extent possible.

17. DURATION OF TERMS

17.1 These Terms of Use are effective until terminated. We may terminate your access to or use of the Site at any time and for any reason. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates concerning such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

18. GOVERNING LAW

18.1 These Terms of Use will be governed by and construed by the laws of Singapore. The courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.