Terms & Conditions

INTRODUCTION

Welcome to the Fibertest online store (the “Site”). Please read the following Terms and Conditions carefully before using this Site so that you are aware of your legal rights and obligations with respect to Tekmark Pte. Ltd. [UEN: 200619454K] (“Tekmark Pte. Ltd.”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms and Conditions. These Terms and Conditions govern your use of Services provided by TEKMARK.

Before becoming a User of the Site, you must read, understand, and agree, without any limitation or qualification, to be bound by all the Terms and Conditions in, and linked to, these Terms and Conditions and you must consent to the processing of your personal data as described in the Privacy Policy linked herein.

You represent that you are legally able to accept these Terms and Conditions and affirm that you are of the capacity to form a binding contract. If you do not agree to these Terms and Conditions, you shall not use this Site.

TEKMARK reserves the right, in its sole and absolute discretion, to change, modify, suspend, or discontinue all or any part of this Site or the Services or the Terms and Conditions at any time or upon notice as required by local laws. Any changes will be effective upon their publication on the Site with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. Your continued use of the Site thereafter constitutes your acceptance of all such amended terms. You agree that TEKMARK shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site’s services (or any part thereof).

TEKMARK reserves the right to refuse to provide you access to the Site or to allow you to open an Account for any reason.

INTELLECTUAL PROPERTY

All proprietary Content and information, whether registered or unregistered, available on the Site, including but not limited to, trademarks, logos, service marks, brand names, text, graphics, button icons, images, audio, clips, data compilations, software, and other intellectual property (“Intellectual Property”) displayed in the Site are the property of TEKMARK.

By using or accessing the Site you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent.

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Taxes. Prices shown do not include any federal, state or local taxes, or any other taxes imposed by any government authority, including, without limitation, sales, use, excise, VAT or similar taxes. Any applicable VAT, duties, taxes and brokerage fees will be due at time of delivery.

THIRD PARTY LINKS

The Site may provide links to other World Wide Web sites or resources (“Third Party Links”). You acknowledge and agree that TEKMARK is not responsible for the content of any such Third-Party Links. Your use of any of the Third-Party Links is at your own risk.  TEKMARK does not warrant the offerings of the Third-Party Links, nor does TEKMARK assume any responsibility or liability for the actions, content, products, or services of such Third-Party Links, including, without limitation, its Privacy Policies and Terms and Conditions. You should carefully review the Terms and Conditions and Privacy Policies of all Third-Party Links that you visit.

LIMITED LICENSE

TEKMARK hereby grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

Any unauthorized use by you of the Site or any and/or all the Content automatically terminates the limited licenses set forth in this Clause 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall always act in accordance with the law, custom and in good faith. You shall not make any change or alteration to the Site or any Content or services that may appear on the Site and shall not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to TEKMARK, its affiliates, partners, or licensors.

ACCOUNT

You may choose to create an Account on the Site if you are over eighteen (18) years old. If you register for the Site, you will have an email address and password for your account. You are responsible for maintaining the confidentiality of your Account, email address and password and for restricting access to your mobile device and Account. Your email address and password are intended for your use only. You agree that you will not share your email address and/or password with anyone.  You are responsible for keeping your account information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, email address and/or password, or because you fail to maintain sufficient security over your Account, email address and/or password.

TEKMARK reserves the right to refuse Service and/or terminate Accounts without prior notice if these Terms and Conditions are violated, if the Site is discontinued or for good cause.

USER CONTENT

When you transmit, upload, post, e -mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials (collectively, “User Content”) on the Site, you are entirely responsible for such User Content. This means that all third parties, including you, are entirely responsible for all User Content that they post to the Site. You acknowledge and agree that TEKMARK will not be responsible for any User Content.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

You acknowledge that TEKMARK has the right in its sole discretion to refuse to post or remove any User Content and TEKMARK reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, TEKMARK has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and TEKMARK reserve the right to refuse Services and/or terminate Accounts without prior notice for any Users who violate these Terms and Conditions or infringe the rights of others.

CONSENT TO RECEIVE ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures, newsletters, and other communications (collectively, “Notices”) to which these Terms and Conditions refer from TEKMARK electronically including without limitation by e-mail or by posting notices on the Site. You agree that all Notices that TEKMARK provides to you electronically satisfy any legal requirement that such communications be in writing.

To withdraw your consent to receive Notices electronically, you must notify TEKMARK of your withdrawal of such consent by contact TEKMARK via email.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

PRODUCT INFORMATION

Please note that all pictures shown on our Site are for illustration purpose only and actual products may vary due to product enhancement or change. The final product received being different from the product image on our Site is not a reason we will accept a return nor provide refund.

TEKMARK do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.

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