Terms of Use
These Terms of Use (the "Terms") apply to www.primus-sg.sg (the "Site") and form the terms and conditions on which we supply products and services to you. Please read through the Terms prior to using Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the Terms.
Information About Us
We are Primus Distribution LLP, UEN: T15LL1902C and Primus Transportation LLP, UEN: T24LL0256E ("we", "us", "Primus"), an delivery, warehousing, and logistic provider in Singapore. You can contact us by writing to us at admin@primus-sg.com.
If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. "Writing" or "written" in these Terms includes emails.
Accessing And Using The Site
As a condition of your access to and/or use of the Site, you warrant that:
· all information supplied by you on the Site is accurate, current and complete;
· you are 18 years of age or older in order to access and/or use the Site; and
· you will not copy or distribute any part of the Site in any medium without Primus’ prior written authorization.
You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
Prohibited Activities
You agree and undertake not to:
1. Use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
2. Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
3. Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
4. Post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
Links To Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Primus, including third party payment system providers. You acknowledge and agree that Primus is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve Primus from any and all liability arising from your access and use of any third party website.
We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
Intellectual Property Rights
Primus is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without Primus’ prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
Warranties And Liability
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
· third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products and services purchased on or through our Site; and
· any warranties provided under these Terms if the total price for the product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and Primus does not retain or process any such payment information. Primus cannot guarantee the security of such third party payment system(s) or any payment data on the Site, Primus is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Primus is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Primus from any and all liability in connection with the acts, omissions or defaults of such third parties.
1. To the extent permissible at law: We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Order;
2. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.
Indemnities
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of:
1. Your access of, use of and/or participation in this Site;
2. Breaches of your obligations under these Terms;
3. Your violation of any rights of another person or entity; and/or
4. Your breach of any statutory requirement, duty or law.
Termination
We will determine in our sole discretion whether there has been a breach of these Terms through your use and/or access of the Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate, including:
· Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
· Issuing a warning to you;
· Commencing legal proceedings against you for loss resulting from your breach; and
· Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these Terms. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
Orders & Payments
You may place an order with us by completing and submitting the order form on the Site or through contacting our sales representative. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received from or through the Site or our sales representative in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these Terms (an "Order").
If we are unable to process your order, we will inform you of this. This might be because we are unable to meet a delivery deadline you have specified.
All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any service at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as all unpaid orders will be cancelled automatically after 24 hours unless otherwise stated. It is always possible that, despite our best efforts, some of the services we provided may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we deliver your order.
We accept all cash, cheque and PayNow.
Service Description
We try to be accurate as reasonably possible in our descriptions of services available through the Site. However, our services may vary slightly from their description. We do not warrant that service descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
Minor delay in measurement (within 30 mins) are not considered late delivery. You are responsible for ensuring that your delivery order are accurate. If you believe you have received a defective item, email us at admin@primus-sg.com with your name, and a photograph of the defect.
Bounced Parcels
We'll be in touch via email in the event of a bounced delivery. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs.
Bounced parcels that are unclaimed after 3 months will be deemed as Primus’ property and no compensation will be offered as sufficient response time has been given.
When You Become Responsible For The Cargo
The cargo will be your responsibility from the time we deliver the product to the address you provided us.
Termination
We may terminate the Order at any time by writing to you if:
1. You do not make payment to us when it is due;
2. You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the product (e.g. delivery address);
3. You do not, within a reasonable time, allow us to deliver to you;
4. If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Personal Data
We may collect, use and disclose personal data that you provide to us to supply the services to you, process your payment, to send you newsletters if you have registered for our mailing list, and other specified purposes. Please see our Privacy Policy.
General
No Relationship: Neither these Terms nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and Primus.
Assignment: You may not assign these Terms or any rights or obligations under these Terms to any party. We may transfer our rights and obligations under these Terms to another organisation.
Waiver & Severability: The failure of Primus to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
Third Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.
Entire Agreement: These Terms, which expressly incorporate the Privacy Policy and the terms of use referred to therein, constitute the entire agreement between you and Primus relating to the subject matter hereof, and supersedes any and all prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
Governing Law: These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.
Dispute Resolution: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be in English.
Updates
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our Terms for the Site, we will post the revised Terms here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our Terms. Any changes will not affect any Orders that you have placed, and that we have accepted, prior to the date of the change. Your continued use of the Site indicates your assent to the Terms as posted.
These Terms incorporate our Privacy Policy as may be updated from time to time. If you have any questions about our Terms or Privacy Policy, please contact us at admin@primus-sg.com for enquiries about our Terms and Privacy Policy.
Last updated 24 Feb 2023.