Terms & Conditions
Please read these terms of use (“terms”) carefully before using any of the Hypax (“Hypax”) websites, mobile/tablet applications, loyalty programs and other online programs, or the materials, software and content available in or through them (altogether, "Hypax online services").
GENERAL:
The Seller will execute the Buyer's order on the following terms and conditions. Any qualification of these terms or conditions by the Buyer and any other term or condition which the Buyer seeks to impose will be inapplicable unless expressly accepted in writing and signed on behalf of the Seller by a duly authorized representative.
1. Terms of Use
i) This website Hypax.com.sg is made available by Hypax Pte. Ltd. Any reference to "Hypax's", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
ii) These Terms, the Privacy Policy, and any additional document we incorporate by reference in these Terms, including, where applicable, (i) the terms and conditions relating to any goods and products ordered online, which are available on the Website ("Online Terms and Conditions"), and (ii) the terms and conditions relating to our loyalty program, which are also available on the Website, constitute the complete and exclusive understanding and agreement between you and us.
iii) If you do not agree with any term or condition in these Terms, the Privacy Policy, or any policies or additional documents we incorporate by reference, or any subsequent changes thereto or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website or our Services.
iv) These Terms may be updated or amended by us at any time in our sole discretion. Each time you use the Website and/or our Services, it is your responsibility to review these Terms and the Privacy Policy in case of any such updates or amendments. If you do not agree to Hypax's updates or amendments, you must not continue to use the Website or our Services.
2. Responsible Use of the Hypax Online Services
i) Anyone between age thirteen (13) and eighteen (18) may only use the Hypax Online Services under the supervision of his/her parent or a legal guardian. If you are a parent/legal guardian and you provide your consent to your teenager's access to and use of the Hypax online services, you agree to be bound by these terms. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You may need to create and register an account in order to use certain Hypax Online Services. In creating an account, you agree to:
- > create only one account;
- > provide honest, accurate, current and complete information regarding yourself;
- > keep your information updated and accurate;
- > keep your account password private and not share it with others; and
- > notify us if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the Hypax Online Services. We do not guarantee that the Hypax Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Hypax Online Services or any component of them and to block or prevent future access to and use of the Hypax Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Hypax will survive such termination.
ii) Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by Hypax or its licensors. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
iii) The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms ("Third Party Websites"). Hypax does not control these sites, and you access them solely at your own risk. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
iv) We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another's intellectual property rights or our own.
v) Hyperlinks provided on this Website to non-Hypax's sites, are provided "as is" and Hypax's does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.
3. Disclaimer
i) Hypax makes no warranties or representations about the accuracy or completeness of this site's content. This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hypax disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Hypax does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hypax does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In addition to the above, you (and not Hypax) assume the entire cost of all necessary servicing, repair or correction.
4. Provision of the Hypax Online Services
We are constantly improving the Hypax Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the Hypax Online Services, or certain features of the Hypax Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Hypax Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the Hypax Online Services or stop (permanently or temporarily) providing the Hypax Online Services (or any feature, program or content within the Hypax Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the Hypax Online Services at any time. You do not need to specifically inform us when you stop using the Hypax Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Hypax Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the Hypax Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
- • You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Hypax Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
- • You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
- • Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
- • When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode.
- • Message frequency depends on the program.
Your access to and use of the Hypax Online Services via your mobile device confirms your agreement to the mobile terms, as well as the rest of these terms.
5. Loyalty Programmes & Competitions (where applicable)
i) Hypax may offer loyalty programs. If we do not offer any loyalty programs, clauses 3.ii and 3.iii of these Terms do not apply to you.
ii) To the extent Hypax offers participation in certain loyalty program/s, the details are as listed on the Website. Should you be a member of any such loyalty program and wish to earn loyalty rewards or discounts on Hypax's products, please refer to the loyalty program link on the Website.
iii) If you are already a member of Hypax’s loyalty program, you can check your balance by following the loyalty program link on the Website.
6. Product Sales and Availability
All products and offers available through the Hypax Online Services will be delivered both locally and internationally. All prices displayed on the Hypax Online Services are quoted in Singapore Dollars. Hypax reserves the right without prior notice to discontinue or change pricing and other specifications on products offered through the Hypax Online Services.
7. Payment
i) We only accept Credit Card and Paypal payments;
ii) There is strictly no refund, change or cancellation once the order has been confirmed or payment has been made.
iii) Hypax reserves the right to cancel orders and accounts if fraud activities are detected
8. Hypax Online Store
The following additional terms and conditions apply to your use of the Hypax Online Store:
i) Site Transactions. We reserve the right to refuse any order you place with us. We may limit or cancel purchases at any time for any reason. If we change or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we believe, in our sole discretion, may be placed by dealers, resellers or distributors.
ii) Returns and Pricing. Certain products sold through the Hypax Online Store may be subject to return or exchange only online through the applicable return policy.
9. Errors and Inaccuracies
The Hypax Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Hypax Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
10. Intellectual Property
i) We reserve all rights (including all intellectual property rights) not expressly granted herein to the Website and the Content we make available on or via the Website.
ii) You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
iii) You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of Hypax's and its employees/agents are reserved.
iv) Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
v) You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
11. Jurisdiction
Hypax controls and operates this Site from the company's headquarters in Singapore. This Agreement shall be governed by and construed in accordance with the laws of Singapore and you submit to the non-exclusive jurisdiction of the courts of Singapore. We in no way warrant or imply that the materials on the Site are appropriate for use outside of Singapore. If you use the Site from a location outside of Singapore, you are solely responsible for compliance with any applicable local laws.
12. Termination
Hypax has the right to terminate your account and access to the Websites for any reason, including, without limitation, if Hypax, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. Hypax may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
13. General Provisions
No delay or failure on the part of Hypax to enforce any part of these Terms will constitute a waiver of any of Hypax rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Hypax nor the reliance of any person on Hypax actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Hypax will have any legal effect whatsoever. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Hypax but you may not assign them without the prior express written consent of Hypax. The headings and captions contained herein are for convenience only.
14. Connect
If you have questions about these Terms, our Privacy Policy or any documents incorporated by reference in these Terms, please contact us at [Contact Number] or [Email Address].
15. Shipping / Delivery
Seller shall not be liable for any loss, damage, or delay in delivery due to causes beyond its reasonable control, or acts of God, acts of the Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, wars, riots, delays in transportation, transportation embargoes, or inability due to causes beyond its reasonable control to obtain necessary engineering talent, labor, materials, or manufacturing facilities. In case of such delay, the delivery date shall be extended for that length of time as may be reasonably necessary to compensate for the delay. Regardless of the reason for delay, Seller will not be liable for any incidental or consequential damages resulting from any delay.
International Customers
Shipment shall be by Seller’s factory, warehouse or other point of shipment as authorized by Seller. Scheduled or stipulated shipping dates are approximate and based upon prompt receipt of all necessary information from Buyer. Transportation costs for all products shipped by Seller will be prepaid and billed to the Buyer.
Singapore Customer
A delivery charge of SGD$30.00 will be levy for any request for delivery within Singapore for any value under SGD$150.00, the delivery will be within 2 - 3 working days upon confirmation order.
16. Quotations
All written quotations automatically expire unless accepted within 30 days from the date quoted. All quotation is subject to ex-stock prior sales and are exclusive of GST
17. Back-Order Policy
Standard Inventory Part
We will hold and ship all back order items as soon as possible. If you wish to have the back order item(s) cancelled, please do so within the 3 working day from your Order issue date. All back ordered item(s) may not be cancelled if it has already been ordered or shipped to us. If you must cancel back order item(s) when the item(s) were being directed to us, a 50% restocking fee on the total amount of the back ordered item(s) will be charged to the customer.
18. Shortages And Claims
International Customers
Shortage and damaged goods must be reported within 7 (seven) days on receipt of shipment. Claims made after 7 (seven) days will not be honoured.
Our responsibility for delivery of goods ends when the courier company received the goods at our warehouse. Any damaged shipment should be checked in the presence of the carrier. All claims for damaged to your shipment must be made with the carrier. Please keep all shipping cartons and packing materials for carrier inspection. If damage is discovered after opening the container, notify the carrier immediately. Claims for damage must be directed to the carrier FIRST, not to Hypax Pte Ltd.
If you receive an incorrect item due to our error, we will reimburse the return freight charge and ship the correct item(s) at no additional charge to you.
Singapore Customer
Shortage and damaged goods must be reported within 7 (seven) days on receipt of shipment. Claims made after 7 (seven) days will not be honoured.
19. Returns
There are no returns on special order part, used parts and returns without invoice / delivery orders.
We will not accept unauthorized return; please do contact us prior to any returns. Notification of such return must be made within 7 (seven) days from date of sale. We will not accept returns after 7 (seven) Days, unless expressly accepted in writing, and signed by a duly authorized representative.
The returned parts must be in clean, unused, and pack in the original condition/packaging. All returned parts will be inspected before a refund is issued. All approved refunds will be paid by either cash, company cheque or in ways of store credit in exchange of other products in equivalent value.
20. Catalogue / Website Information
All merchandise information presented in our website or literature was true and correct at the time of publication. Such literatures are maintained only as a source of general information, and any prices shown therein are subject to confirmation with a specific quotation. Hypax Pte Ltd reserves the right to make additions, deletions or modifications to its catalogue or website without notification.
21. Limitation Of Liability And Indemnity
Customer assumes all liability and risk arising from the ordering, purchase, use or installation of new parts that are purchased from or installed by Hypax Pte Ltd. Hypax Pte Ltd shall not be liable for any damages to any person or property arising out of or in connection with the use or installation of any parts that it sells or installs.
Customer agrees to indemnify Hypax Pte Ltd from any and all claims (including legal fees) arising out of or in connection with the use or installation of the product(s) it purchased from Hypax Pte Ltd or had installed by Hypax Pte Ltd. Hypax Pte Ltd is not responsible for any damages or claims arising out of a delay in the processing or shipment of any order.
By purchasing products from Hypax Pte Ltd or by paying Hypax Pte Ltd to install any products, Customer is acknowledging that it agrees to accept this Limitation of Liability.