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TERMS & CONDITIONS

Please read the following Terms and Conditions of Sales & usage of website.

1. DEFINITIONS

(a) “Content” means any information or materials presented in whatever medium including but not limited to text, graphics, photographs, audio and video clips.(b) “Cookie” refers to a small data file generated by a website saved by your web browser.(c) “Marketing Activity” means any marketing or promotional activity, including contest of any kind conducted by or on behalf of Australian Fruit Juice Pte Ltd, online or otherwise.(d) “Personal data” refers to data, whether true or not, about an individual who can be identified from that data; or from that data and other information to which Australian Fruit Juice Pte Ltd has or is likely to have access, as defined in the Personal Data Protection Act (Act 26 of 2012).(e) “We”, “us”, “our” mean Australian Fruit Juice Pte Ltd and any of its affiliated companies as appropriate.(f) “You” and “your” mean any person accessing this website or participating in the marketing activity of Australian Fruit Juice Pte Ltd.

2. COPYRIGHT

The contents of this web site are protected by copyright. No part or parts of the website shall be used, distributed, modified, stored in an information retrieval system or transmitted in any manner without the prior written permission of Australian Fruit Juice Pte Ltd.

3. INDEMNITY

By accessing this website, you agree to defend, indemnify and hold harmless Australian Fruit Juice Pte Ltd from and against any claims, actions or demands, alleging or resulting from your use of the material or your breach of the terms of this agreement.

4. MARKETING ACTIVITY

By participating in the Marketing Activity of Australian Fruit Juice Pte Ltd, you agree to the Terms & Conditions set out herein, which is supplementary to any other agreements as may be applicable in the circumstances.

5. CONTENT

(a) Australian Fruit Juice Pte Ltd does not claim ownership rights in any content that you submit to Australian Fruit Juice Pte Ltd, or post and publish on this website when you participate in the Marketing Activity. By submitting the content, you grant Australian Fruit Juice Pte Ltd an irrevocable, worldwide, non-exclusive, royalty-free licence in perpetuity to use, modify, distribute or communicate such materials in any and all present or future distribution methods or medium.(b) Any content that you so submitted, posted or published in this website will be deemed as non-confidential in nature for the purpose of this agreement.(c) You will not submit, post or publish any violent, indecent, pornographic, discriminatory, defamatory or otherwise unlawful content.(d) Australian Fruit Juice Pte Ltd respects the intellectual property rights of others, and expects you to do the same. You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to any content that you submitted, posted or published in this website. Australian Fruit Juice Pte Ltd reserves the right to remove content alleged to be in breach of the Terms & Conditions without prior notice, at our sole discretion, and without liability to you.

6. PERSONAL DATA

You are deemed to consent to the use and disclosure of your personal data when you provide your personal data to Australian Fruit Juice Pte Ltd which will be used, disclosed by Australian Fruit Juice Pte Ltd to our affiliates and authorised service providers for the following purposes:(a) To conduct the Marketing Activity which you have participated in;(b) To market our products and services to you; and(c)to conduct market research.

7. INTELLECTUAL PROPERTY

(a) You will not use, reproduce, modify, distribute or communicate any content, trade mark or other intellectual property owned or licensed by Australian Fruit Juice Pte Ltd and its affiliates, except with the prior written consent of Australian Fruit Juice Pte Ltd.(b) Any trademarks, graphic symbols, logos or intellectual property contained in any materials used in connection with a Marketing Activity are the property of their respective owners.

8. MARKETING ACTIVITY

General terms and conditions of a Marketing Activity are as follows:(a) Incomplete, illegible or incorrect entries will be disqualified.(b) Entries received after the closing date will be disqualified.(c) Australian Fruit Juice Pte Ltd will not be liable for any entries that were lost, delayed or damaged. Australian Fruit Juice Pte Ltd will not be liable for technical errors in telecommunications networks, internet access or otherwise preventing entry to the Marketing Activity.(d) Breach of the Terms & Conditions of a Marketing Activity may result in the participants’ disqualification from the Activity without prior notice, at our sole discretion, and without liability to the participant.(e) Australian Fruit Juice Pte Ltd reserves the right at any time in its sole discretion to:(i) cancel or modify the Marketing Activity, or(ii) substitute the prizes, where applicable, with any product of equivalent value.(f) Australian Fruit Juice Pte Ltd decision on all matters relating to the Marketing Activity shall be final and binding on you, and no correspondence will be entertained.(g) Prizes, where applicable,(i) are non-transferable and non-exchangeable for cash or other products; and(ii) will be forfeited if winners do not respond within 30 days of the announcement of the results. Unclaimed prizes, or the equivalent value, shall be reclaimed by Australian Fruit Juice Pte Ltd in its sole discretion.(h) If you win a Marketing Activity, you may be required to participate in photo taking sessions or other public relations events in connection with the Marketing Activity. Acceptance of the prize, where applicable, will constitute consent on your part to allow the use of your materials and personal data by Australian Fruit Juice Pte Ltd for editorial, advertising, promotional and marketing purposes, without further compensation, in any media for an unlimited period of time, except where prohibited by law.

9. LIABILITIES

(a) By participating in a Marketing Activity or accepting the prizes, you agree that Australian Fruit Juice Pte Ltd will not be liable for any and all losses, damages, actions, proceedings, claims, demands and/or liabilities arising out of or in connection with the Marketing Activity and, where applicable, the prizes.(b) You undertake to indemnify and at all times hereafter to keep Australian Fruit Juice Pte Ltd indemnified against any and all losses, damages, actions, proceedings, claims, demands and/or liabilities which may be suffered or incurred by Australian Fruit Juice Pte Ltd or asserted against Australian Fruit Juice Pte Ltd by any person or entity, in respect of any matter or event whatsoever arising out of or in connection with your breach of the Terms & Conditions.

10. USE OF COOKIES

Many websites like ours rely on cookies to better understand visitor’s needs and interest and to provide a better online experience. It enables certain features on our websites to remember you to allow us to personalize your online experience for better customer service. You may choose to block cookies or clear them from your computer. However, if you disable cookies, certain features will not be available.

11. VARIATION

Australian Fruit Juice Pte Ltd reserves the right to amend, vary or delete any provisions in the Terms & Conditions without prior notice. Any updates to the Terms & Conditions shall be placed on this webpage.

12. THIRD PARTY RIGHTS

The Terms & Conditions are made solely for the benefit of Australian Fruit Juice Pte Ltd and you. No other person shall have or acquire any right by virtue of the Terms & Conditions unless otherwise agreed to by Australian Fruit Juice Pte Ltd and you. The Contracts (Rights of Third Parties) Act is expressly excluded.

13. PARTIAL INVALIDITY

If any of the Terms & Conditions is or becomes illegal, invalid or unenforceable in any aspect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining Terms & Conditions nor the legality, validity or enforceability of such Terms & Conditions under the law of any other jurisdiction will in any way be affected or impaired.

14. WAIVERS

A failure or a delay by either party to exercise any right or remedy under the Terms & Conditions shall not be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.

15. ARBITRATION

Any dispute arising out of or in connection with the Terms & Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

16. Payment Terms

(i) Payment must be carried out in accordance with the agreed Terms and Conditions as specified in the Estimate/ Invoice.(ii) Timeliness of payments allow the reservation of resources and processing of the order(s). Apart from accredited trade partners who are accorded payment terms, all payments for invoices should be made upon delivery.

17. Order Confirmation

(i) On order confirmation, the client is responsible in ensuring the accuracy of the terms (including any applicable specifications) submitted by the supplier and in providing any necessary information related to the materials and/ or services within a sufficient time to enable the supplier to perform the order in accordance with its terms.(ii) No order may be cancelled by the client without the agreement in writing from the supplier. Any cancellations will result in a refund to the supplier of any expenses incurred (including the cost of all labour and/ or materials used, damages, charges and expenses).(iii) The supplier reserves the right to forfeit the down payment should the order be cancelled after resources have been committed to fulfilling the order.

18. Conflict & Controversies

(i) Any dispute arising under or in connection with these conditions or the sale of the materials/ products will be referred to professional arbitration if parties are unable to arrive at an amicable solution. (ii) All invoices from the company form a contract, shall include the terms and conditions stated here, and be governed by the laws of the Republic of Singapore.(iii) In the event of any conflict, inconsistency, or ambiguity between the Terms & Conditions and any other agreements as may be applicable in the circumstances (e.g. the terms and conditions on the contest form), the latter agreements shall prevail to the extent of the conflict, inconsistency or ambiguity, unless expressly stated otherwise in such agreements.