Please read these Terms of Use carefully (including our Security & Privacy Policy (http://www.fym.com.sg/privacy) before using our website www.fym.com.sg (“Site”), our FYM software or mobile applications (including Relay) (“App”) and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to FUNG YIP ELECTRICAL (S) PTE LTD (“FYM”, “we”, “our” or “us”).

By accessing this Site, App and/or using the Services, you hereby agree:

1. that you have read and agree to be legally bound by these Terms of Use (including our Security & Privacy Policy (http://www.fym.com.sg/privacy); and
2. that you are the user of the Site, App and/or Services and are 18 years or above.  

If you do not accept these Terms of Use, please leave the Site, App and/or discontinue use of the Services immediately.

FYM may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site or through the App.  Any use of the Site, App or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you.  If you do not agree to the amended Terms of Use, you have the right to stop using the Site, App and Services.

Site, App and Services

1. The Site and App is owned and maintained by FYM.
   
2. FYM operates an online electronics store through the Site or App, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of electronic products; and operates and offers scheduling of third party seller (Marketplace),  logistics provider, courier, or vehicle through the use of Site or App:
   1. access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
   2. search engines or tools;
   3. blogs, message boards, communication tools;
   4. email or message alerts; and
   5. any other services, features, content or applications that FYM may offer through the Site or App from time to time in our sole and absolute discretion.
3. FYM reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time.  We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.

License

1. FYM hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and/or App, and access and use the Services available via the Site and/or App, subject to the terms set out in these Terms of Use.
2. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
   1. any Service;
   2. the Site or App;
   3. any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”),except, to the extent permitted, with the prior written consent of FYM or unless expressly permitted in these Terms of Use.

1. Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of FYM.
2. The Site, App and all Content are the copyrighted work of FYM or our content or software providers, and FYM reserves and retains all rights in the Site, App and Content.
3. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or FYM in writing.
4. You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

Account Information

1. To access certain parts of the Site, App or Services, you will be required to sign-up for an account with FYM (“Account”) and select a user name (“User Name“) and password (“Password“).
2. You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.  You agree not to:
   1. share or permit others to use your Account or Password; or
   2. assign or transfer your Account to any other person or entity.
3. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. FYM
   shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.  If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: cs@fym.com.sg.  You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity
4. Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
5. Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.
6. Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
   1. cancel any orders placed through such Account(s);
   2. cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s) and charge full price for items purchased;
   3. prohibit such Account(s) or persons from participating in any promotions, contests or surveys of FYM; and/or
   4. merge, suspend and/or terminate Account(s).

Orders, Pricing & Payments

1. Delivery areas

At present, FYM delivers to most areas in mainland Singapore, but not certain areas.  To find out if FYM delivers to your area, please click here.  You may also contact us at help@fym.com.sg to check on our delivery coverage.  FYM will only process and accept orders within our delivery coverage.

1. Orders
   
   1. All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use.  All orders shall be subject to acceptance by FYM.  Processing of payment for an order shall not in itself constitute acceptance of the order by FYM, provided that where an order for any product(s) is rejected or cancelled by FYM, any payment made for such order shall be reversed or refunded by FYM in accordance with our prevailing refund policy at such time.
   2. All orders made by you are subject to stock availability.  FYM reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. FYM reserves the right to limit your order or the quantity of a particular product you may order.
2. Product Information, Pricing and Payment
   1. FYM endeavours to provide you with accurate and up-to-date pricing, product and promotional information.  However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete.  You agree that FYM shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App or through our Services.  The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site, App or through our Services.  If a product offered by FYM itself is not as described, your sole remedy is to return it in unused condition.
   2. If the actual price of any item ordered by you is higher than that reflected on the Site, App or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price.  By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time.  If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
   3. Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout.  The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
      1. in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
      2. in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
      3. All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
   4. FYM has a Price Match Guarantee for selected items.  Please click here for more information.
   5. Payment for all orders shall be made in Singapore dollars.
   6. We accept payment for orders by MasterCard, Visa and PayPal only. Kindly note that PayPal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by PayPal is subject to change. FYM is unable to accept paper checks, food stamps, or third-party coupons.
   7. By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
   8. FYM will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs.  However, in the event such an order is processed, FYM reserves the right to collect funds for any uncollected transactions owed to it.  FYM may charge a fee of S$5 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing.
   9. If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, FYM may charge such amount directly to the credit card identified in your Customer Account Information and FYM may suspend or terminate your access to FYM services.  You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that FYM may incur in its efforts to collect any unpaid balances from you.  Your right to use the FYM services is subject to limits established by FYM and/or by your credit card issuer.

Promotions, Voucher Codes and other Privileges and Programmes

1. From time to time FYM may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into these Terms of Use.
2. Promotions, contests, privileges, and programmes are only valid for the time period specified by FYM and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.
3. The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
   1. Each Voucher Code is only eligible for a single use and is only valid for the time period specified by FYM.
   2. Voucher Codes may only be redeemed by purchasing certain products from FYM during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the following:
      1. delivery charges.
   3. Use of any Voucher Code must be indicated at the time of checkout, and all information required by FYM must be provided.  No retroactive use of the Voucher Code is permitted.
   4. Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
   5. A minimum spend may be required before use of the Voucher Code is permitted.
   6. Voucher Codes cannot be refunded, redeemed or exchanged for cash.
   7. Resale, transfer and sharing of Voucher Codes are strictly prohibited.  In spite of the above, gift vouchers, if offered by FYM, may be purchased by you and given to others.
   8. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
   9. Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
   10. FYM reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
   11. FYM reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.
4. Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.
5. Where you are permitted to return any product to FYM for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product.  Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.  Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.  If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, FYM may charge the delivery fee and/or the full value of the order without the promotion.
6. FYM’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
7. FYM reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

Deliveries & Returns

1. Deliveries
   1. Delivery slots are subject to availability.
   2. Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled.  “Bulk order” means an order for any product that comprises quantities of beyond 48 units, unless otherwise stated in writing by FYM
   3. FYM will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc.  You agree that FYM shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.
   4. Please notify FYM immediately of any change to your delivery address, date or time of delivery, or contact number.  Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of S$10.00.
   5. FYM aims to provide our customers more options for receiving their orders.  For certain deliveries, FYM provides the option for having your orders left at your doorstep as an “Unattended Delivery.”  Please note that some orders won’t be eligible for Unattended Delivery.  While our goal is to honour your preferences whenever possible, we can’t guarantee that our drivers will be able to meet these instructions under all circumstances.  Please note that if you selected an Unattended Delivery and no one is available to accept delivery of the order, the Driver will leave your order unattended on or in front of your premises. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.
   6. If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, FYM reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total dollar value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of S$10.00.
   7. FYM delivers case sizes of a variety of different goods.  Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site.  Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) about the 5th floor, or deliver more than 3 cases of beverages about the 4th floor.  In the event of a broken elevator, we also do not ask our drivers to carry more than 5 floors.  Our technology cannot, and does not, enforce these limits.  We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements.  Again this limitation exists only to protect the health of our delivery staff.  We appreciate your understanding and cooperation.

1. Returns
   1. We ask that you please check your order upon delivery. If you’re not completely happy with your fresh or perishable products, let us know within 7 days from your delivery date and we’ll give you a full refund. If there is any damaged or incorrect product(s) (including delivery of additional product(s) not ordered by you), please contact us within 7 days of your delivery date at cs@fym.com.sg or call us at 6261-3456.  FYM at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
   2. For Marketplace items (including electronics, large items, or high value items over S$75) that are faulty, damaged, expired, or not as described on Website, please email us at cs@fym.com.sg or call us at 6261-3456 within 7 days of your delivery date, and we’ll do our best to resolve the matter either by replacing the product or by issuing you a credit.
   3. We ask that all returned products are not used or expired, and in the original box and/or packaging. FYM reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where FYM exercises its right to inspect the Product, FYM’s decision in respect of such returned products shall be deemed final and binding on you.

Intellectual Property

1. The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with FYM and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with FYM for your use.  Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of FYM is strictly prohibited.  You acknowledge that FYM and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material.  FYM reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from FYM.
2. The trademarks, logos and service marks (“Marks“) displayed on this Site or App are the property of FYM and other third parties, and all rights to the Marks are expressly reserved by FYM and relevant third parties.  You are not permitted to use the name of FYM or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of FYM or such third party.
3. The domain name on which the Site is hosted on is the sole property of FYM and you may not use or otherwise adopt a similar name for your own use.

Comments, Feedback, and Other Information

1. You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.  FYM reserves the right (but not the obligation) to review, remove or edit such content.
2. You hereby grant FYM a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as FYM may require at its sole discretion.  You further agree that FYM may use and publish your name in connection with such Comments.
3. If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site or App, please contact us at cs@fym.com.sg.

Disclaimers & Limitations

1. While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, FYM disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, FYM does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device.  FYM does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.

The Site, App, and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services.  Your use of the Site, App, or Services and any third party services or products remains solely with you to the maximum extent permitted by law.

1. You agree that:
   1. FYM shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and
   2. access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
   3. FYM’s Site, App, and Service may be subject to limitations, delays, and other problems inherently and in any such event, FYM shall not be liable for any loss, liability or damage, which may be incurred as a result.
2. In no event shall FYM be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device.  In the event that FYM is liable for damages despite the foregoing provision, you agree that FYM’s aggregate liability to you for any and all causes of action in relation to:
   1. any order, sale or delivery of any product by FYM under these Terms of Use shall not exceed the price of the product giving rise to such claims; and
   2. in all other cases (including any use of the Site, App or Services), shall not exceed S$1.
3. In no event shall FYM be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if FYM or a FYM authorised representative has been advised of, or should have foreseen, the possibility of such damages.
4. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by FYM at either reasonable costs or no costs to you.

Linked Sites

1. FYM may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites“) that may be of relevance and interest to users.  FYM has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites.  FYM does not endorse, recommend or guarantee any of the Linked Sites, and FYM expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

Security & Privacy

1. FYM recognises the importance of keeping your personal information and data secure and private.  To understand our security and privacy policies and practices, please read our Security & Privacy Policy (http://www.fym.com.sg/privacy).
2. Please do not submit any personal information or data without first reading our Security & Privacy Policy (http://www.fym.com.sg/privacy) which explains our data use and privacy practices in detail.

Suspension and Termination

1. You agree that FYM has the right in its sole and absolute discretion and without notice or liability to:
   1. restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or
   2. terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
2. Without prejudice to the generality of the above, FYM reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.

Notification of Infringement

1. FYM reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify FYM in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
2. All Infringement Notices shall be sent to FYM addressed as follows:

FUNG YIP ELECTRICAL (S) PTE LTD

 119, Genting Lane, #05-04 H&H Building, Singapore 349570

Email address: legal@fym.com.sg

Attn: Director, Legal & Government Affairs

1. FYM will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against FYM in respect of any Infringing Material, unless you have first given FYM the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter FYM refuses or fails to remove the Infringing Material within a reasonable time.  Where FYM removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against FYM under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by FYM.
2. You acknowledge and agree that FYM has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

Jurisdictional Issues

1. The Site, App and Services are meant for use by residents of Singapore only.  FYM makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location.  Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

1. You agree to indemnify and hold FYM, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
   1. any use of the Site, App or any Service;
   2. your connection to the Site or App;
   3. your breach of any terms and conditions of these Terms of Use;
   4. your violation of any rights of any third party, including providers of courier services arranged via the Site, App or any Service;
   5. your violation of any rights of another person or entity; or
   6. your breach of any statutory requirement, duty or law.

Severability        

1. If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

Relationship of Parties

1. Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between FYM and you and neither party shall have any authority to bind the other in any way.

Waiver

1. No waiver of any rights or remedies by FYM shall be effective unless made in writing and signed by an authorised representative of FYM.
2. A failure by FYM to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Force Majeure

1. No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
2. For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use.  Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

Governing Law & Jurisdiction

1. These Terms of Use and all matters relating to your access to, or use of, the Site, App and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.
2. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

022016 Version 1.4 Terms of Use