I hereby confirm that I have read the terms and conditions below. I understand that by clicking on the box below, I have fully understood these terms and conditions. I confirm that I am above 18 years of age. Where I act on behalf of a body corporate, I acknowledge and confirm that I have the authority to enter into this Agreement on behalf of that body corporate. I acknowledge and I agree that these terms and conditions are binding on me the customer, and that this constitutes a contract between Bizmann System (S) Pte Ltd (the “Company”) and myself.
STANDARD TERMS & CONDITIONS
1. Platform
a. www.fnbmarketglobal.com is a proprietary platform (“Platform”) owned by us (the “Company”) that allows you the buyer to purchase goods and/or services from third party suppliers, vendors and merchants (“Merchant(s)”).
b. IMPORTANT, PLEASE READ CAREFULLY: Your purchase will be by way of buying goods and/or services from the platform at www.fnbmarketglobal.com (“Portal”). You will be able to access the products and services that are available through the Portal in various ways, including through Merchant Lists (”Merchant Lists”) made available to you, through use of the search function, through promotions on the Portal, through quotations, through the Merchant’s product and services pages, or in other ways. Prior to purchasing these goods and/or services, please note that:
i. There may be terms and conditions imposed by the Merchant that are stated in the Merchant Lists, in quotations, or in a separate Merchant Terms and Conditions (collectively “Merchant T&Cs”) which you must click-thru to read before the purchase.
ii. These Merchant T&Cs may change from time to time so please read these carefully before purchase, even if you have transacted with the same Merchant previously.
iii. In the Purchase Order page, you may uphold your own Buyer Terms and Conditions (“Buyer T&Cs”), which the Merchant must read and agree to before confirming the order.
1. If you do not want any of the Merchant T&Cs to apply, this must be clearly stated as part of your Buyer T&Cs
iv. A draft Purchase Order (appending the Merchant T&Cs and Buyer T&Cs) (“PO”) will be generated for the Merchant’s acceptance and confirmation.
v. If the Merchant does not accept your T&Cs, he will contact you, and you may negotiate directly with the Merchant and agree on what terms and conditions shall apply before uploading a fresh Buyer T&Cs for the Merchant to accept.
vi. Once the Merchant confirms your order, this will form a binding contract between parties (“Merchant Agreement”) and the Portal will generate the confirmed PO. Nothing further needs to be done (i.e, no signature is needed) for the PO to be effective.
c. The Merchant Agreement constitutes a binding contract between you and the Merchant. In the event that any of the information, or terms and conditions contained in the Merchant Agreement contradict any information stated in the Portal, the terms and conditions of the Merchant Agreement will prevail as between you and the Merchant. Where there is any material conflict in the documents, the following documents will take precedence in descending order :-
i. The PO
ii.The Buyer T&C.
iii.The Merchant T&Cs
iv. Any terms in the Merchant’s Merchant Lists or Quotations
d. None of the terms and conditions in the Merchant Agreement shall bind the Company. Please note that you are entering a contract directly with the Merchant. Please also note that the information on the Portal is provided by the Merchant. Therefore, please note that we the Company shall not be liable to you for any loss or damage caused by the Merchant, or for defective goods or deficient services, or any delays in delivery, or otherwise for any representations or wrong information provided by the Merchant, and any claims that you may have shall be against the Merchant directly.
e. Please note that when we use the term “Services” in this Agreement, we refer only to the services we the Company provide in facilitating the transactions between you and the Merchant. The Company does not act as the agent of the Merchant in any way, and vice-versa. Neither the Company nor the Merchant has the authority to bind the other party to any legal obligation’s vis-a-viz yourself.
f. Please note that all information is uploaded by the Merchant, and the Company is not responsible for verifying the accuracy of any such information.
2. Prices
a. The goods and services on the Portal constitute offers by the respective Merchants. There will be no contract of any kind between you and the respective Merchant unless and until you have received our confirmation that the Merchant Agreement has been confirmed. At any point up until then, the Merchant(s) reserve the right to amend or withdraw any goods or services that they have provided on the Portal without giving any reason.
b. The prices payable for the items and services that you order are clearly set out on the Portal. If, by mistake, the prices on the Portal differ from the prices in the Merchant Agreement, the prices in the Merchant Agreement shall prevail. Please take care to confirm the prices on the Merchant Agreement before purchase.
c. All prices expressed are exclusive of GST unless otherwise stated, and GST at the prevailing rates shall be payable, as necessary.
3. Delivery, Performance and Payment
a. Tracking: The Portal contains a function that allows the Merchant to upload the delivery status of goods. Please do note that this function is maintained, and information is solely uploaded by the Merchant, who is responsible for the accuracy of the information. The Company is not able to and not responsible for updating such information or verifying its accuracy, and any queries should be directed to the respective Merchant directly. The Company will not entertain queries regarding the status of delivery progress.
b. Delivery: The Portal contains a function that allows you the Customer to send confirmation of delivery to the Merchant through the Portal. Please note that is optional. The Company is not able to and not responsible for updating such information or verifying its accuracy.
c. Payment: Payment is to be made directly by you the Customer to the Merchant (and subject to any applicable terms and conditions in the Merchant’s Agreement). The Company is not responsible to ensure that payment is made by you, nor to track any such payment.
i. Should you choose to make payment through the Portal, the Company’s sole responsibility is to ensure any payment you make is sent to the Merchant, and subject to any terms and conditions of the Company and the electronic payment provider (“E-Payment Provider”).
4. Cancellation and Refunds
a. Please note that Merchant Agreements once confirmed cannot be cancelled or refunded through the Portal.
b. Should you wish to terminate the order, please check with the Merchant directly and get his consent in writing. Please be informed the Merchant Agreements are binding and the Merchant may refuse to allow you to terminate the Merchant Agreement without compensation.
5. Personal Information
a. By using this service and Portal, you agree to receive promotional material and offers from us the Company by email and sms. Should you wish to stop receiving such material, kindly deactivate the service by following the instructions in the emails and smses.
b. We have provided an explanation of our Data Protection Policy, and the terms and conditions regarding your personal data, in a separate Privacy Policy that can be found www.bizmann.com. The Privacy Policy shall form an integral part of this Agreement, and their terms and conditions are binding on both you and us.
c.You acknowledge that the information provided by you is true, correct, and accurate.
d.TAKE NOTICE that provision of false or fraudulent information or using data belonging to other persons (such as by using a credit card that does not belong to you) may constitute very serious offences which may result in criminal prosecution. The Company reserves the right to report and/or disclose any suspicious behavior or information to the authorities.
6. Defective Services / Goods or Services
a. Your satisfaction is important to us. If you have any complaints about any Merchants, or are dissatisfied with the products or services you have redeemed, please email immediately at fnbmarket@bizmann.com. Your complaint will be simultaneously sent to the respective Merchant and to us. We will endeavour to revert to you within seven (7) days. You should receive an acknowledgement from us of your complaint within 24 hours to the email that you have designated. If for any reason you have not received such email, kindly contact us at 62711911
b. After our investigations, we will investigate and take such action against the Merchant as appropriate, including suspension or removal from our Portal where warranted. Please note however that any claims for monetary compensation should be made against the Merchant(s) directly as stated previously, as we are not liable for the actions of the Merchants.
7. Merchants’ warranties and limitations on liability
a. Each Merchant shall state in their respective Merchant T&Cs any warranties and representations they are making regarding their products or services, as well as any limitations of liability that may apply. These Merchant terms and conditions (“Merchant T&C”) will be stated on the Merchant Agreement, and you are to read the terms and conditions stated therein carefully before purchase.
8. Intellectual Property Rights
All technology, content, images and/or information provided to or otherwise available to you through this website are the property of the Company and/or its respective owners.
Use of this website does not confer any right to use any content, images or other copyright(s), trademark(s) or product / service trade name(s) used, owned or registered by the Company or the respective owners. Prior written approval must be obtained from the relevant parties prior to any use.
Should there be any infringement of any parties’ intellectual property, please do note that there you may be subject to civil and/or criminal penalties. The owner of the intellectual property may also seek injunctive relief against you.
9. Limitation of Liability – use of the Portal
a. While we the Company have made all reasonable efforts to ensure the smooth working of this Portal so that you would have a fantastic and smooth experience, please note that by the very nature of any IT platform, we do not represent that the Portal or the Services provided here are or will be free from error.
b. While reasonable effort has been made to ensure that there are no viruses, Trojan horses or any analogous malicious software in the Portal or in providing the Services, the Company makes no warranty or representation, and shall not be liable to you for any loss or damage whatsoever (including but not limited to corruption or loss of data) arising from the malicious acts of third parties against the Portal, the Services or the software on which they run.
c. Paid Subscribers Only: This only applies to paid subscribers who are using the Portal’s Procurement and Supply Chain Management System (“SCMS Services”) and functions. While effort will be made to ensure that the Portal runs without interruption, we the Company shall not be liable to you in any way for any interruptions or downtime to the Portal or Services. However, if the downtime to the SCMS Services occurs for a continuous period of more than one (1) week, we the Company shall refund the subscriptions fees paid by you for the past twelve (12) months to you. You acknowledge that this shall be your sole remedy in such event.
10. Limitation of Liability – General
a. We shall not be liable for any damage, loss or claims save in accordance to the terms of this Agreement.
b. We shall not in any event be liable for any consequential, incidental or special damages arising from any claim or action hereunder, whether based on contract, tort or other legal theory.
c. Without prejudice to any of the other clauses in this Agreement limiting the Company’s liability, you agree that save for claims in death or personal injury, the total aggregate liability we are liable to bear in respect of all and any legal proceedings, claims or actions brought against us arising out of this Agreement, shall be limited to:-
i. For paid subscribers: 1 year subscription price paid by you. This is in addition to damages in (ii) below where applicable.
d. E-Payment: Where electronic payments are made through the Portal, any limitations of liability shall be contained separately as part of the T&Cs of such electronic payment.
11. Governing Law
a. The terms of this Agreement shall be interpreted in accordance with the laws of the Republic of Singapore. You and us shall submit exclusively to the Courts of Singapore.
b.Neither the Sale of Goods Act (Chapter 393) nor the United Nations Convention on Contracts for the International Sale of Goods (1980) shall apply to this Agreement.
12. Entire Agreement
This Agreement constitutes the entire and only agreement between us and supersedes any and all prior agreements, communications or negotiations. For the avoidance of doubt, you acknowledge and agree that you have not entered into this Agreement in reliance upon any representation, warranty or undertaking which is not set out or referred to in this Agreement, and any such prior representation, warranty or undertaking shall have no effect.
13. No amendments
No waiver, alteration or modification of any of the provisions in this Agreement shall be binding unless it is agreed in writing and signed by our authorized representative.
14. Invalidity
If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in this Agreement but without invalidating any of the remaining provisions of this Agreement.
15. No rights under Contracts (Rights of Third Parties) Act
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of its terms.