Latest version effective date: 5, May, 2022
Access to and use of password protected and/or secure areas of the Website and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Website and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
1.Definitions & Interpretation
2.General use of Services and/or access to the Website
2.1 Guidelines to the use of Services and/or access to the Website: You agree to comply with any and all the guidelines, notices, operating rules and policies, instructions and any amendments issued by us from time to time pertaining to the use of the Services and/or access to the Website. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
2.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Website or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or Services;
(d) post, promote or transmit through the Website or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Website or Services;
(f) use or upload, in any way, any software or material that contain, or which you have reason to suspect that contain, viruses, damaging components, malicious codes or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Website or Services;
(g) use the Website or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
(h) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of CANAAN;
(i) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by CANAAN with respect to the Services and/or data transmitted, processed or stored by CANAAN;
(j) harvest or collect any information about or regarding other account holders, including, without limitation, any personal data or information;
(k) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(l) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(m) infringe the rights of CANAAN, including any intellectual property rights and any passing off of the same;
(n) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and
(o) direct or encourage another user to conduct a transaction other than on the Website.
2.3 Availability of Website and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website and/or using any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any Customer to the Website and/or the Services;
(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3.Use of Services
3.2 Restrictions: Use of the Services is limited to authorised Customers that are of legal age and who have full legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services are not permitted to use the Services even if they satisfy the requirements of this Clause 3.2.
(a) to use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Website in connection with the Services is accurate and agree to take sole responsibility for such information and data.
CANAAN reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
3.4 Product Description: While we endeavour to provide accurate description(s) of the Products, we do not warrant that such descriptions are accurate, current, or free from error.
3.5 Prices of Products: All Listing Prices represent the price of the Products only. Unless otherwise stated, all the costs of transporting the Products to the place of delivery designated by you shall be borne solely by you including but not limited to shipping charges, import duty and insurance expenses. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
4.Customers with CANAAN accounts
4.1 Username/Password: Certain Services that may be made available on the Website may require creation of an account with us or for you to provide us with your Personal Data. If you request to create an account with us, a Username and Password may either be:
(a) determined and issued to you by us; or
(b) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Website.
We may at any time in our sole and absolute discretion, request that you update your Personal Data or modify the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by you or arising out of or in connection with or by reason of such request or modification. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Website and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) access to the relevant Website and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you.
Any access to the Website and/or use of the Services referable to your Username shall be deemed to be accessed or used by you, or authorized by you. You shall be deemed to have accepted these Terms and Conditions and be bound by them upon any access to the Website and/or any use of the Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect of any such access or use which are referable to your Username. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Website referable to your Username and Password.
4.3 Cancellation of your account
We may, in our absolute discretion, suspend the provision of Services, block the account or cancel the account in any of the following circumstances:
(a) The registration information is false or incomplete and not corrected after being notified by us;
(b) The account has not been used for more than 365 days after being registered;
(c) You do not meet the age and/or other conditions required to register an account;
(d) There are illegal activities which are conducted in connection with the account or there is the need to cancel the account according to directions from competent authorities.
If you apply for account cancellation and there is no dispute in connection with the account (including but not limited to no transaction dispute, no dispute over the ownership of the account), the account may be cancelled with the consent of CANAAN.
If you apply for account cancellation and there is no dispute in connection with the account, CANAAN has the right to refuse your request if any of the following circumstances exist:
(a) The account has ongoing activities (such as an application for a password);
(b) Other circumstances which do not allow for the cancellation of the account.
You understand and agree that once the account is cancelled, you no longer have any rights or interests related to the account. Any inconvenience or adverse consequences caused by account cancellation shall be borne solely by you, and CANAAN shall not be liable for any such damage or loss in any event.
5.1 Ownership: The Intellectual Property in and to the Website and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce our Intellectual Property rights to the fullest extent of the law.
5.2 Restricted Use: No part or parts of the Website, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
6.Your Submissions and Information
6.1 Submissions by you: You hereby grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Website, you also grant us your consent and the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
6.2 Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 6.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. CANAAN HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, CANAAN ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL CANAAN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY ISSUES OR DISSATISFACTION THAT YOU MAY HAVE WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
10.Limitation of Liability
YOU SPECIFICALLY AGREE THAT CANAAN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. YOU SPECIFICALLY AGREE THAT CANAAN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CANAAN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL CANAAN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY CONTINGENT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT CANAAN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS WEBSITE RESULTS IN ANY FORM OF DAMAGE OR LOSS, THE COMPLETE AND MAXIMUM LIABILITY OF CANAAN AND ITS AFFILIATES SHALL NOT EXCEED THE TOTAL SUM OF ANY SUBSCRIPTION FEES OR SIMILAR FEES WHICH YOU HAVE PAID TO US IN RELATION TO YOUR USE OF THE SERVICES OR FUNCTIONS OF THIS WEBSITE.
11.Links to Third Party Sites
Third party links provided throughout the website will let you leave this website. These links are provided as a courtesy only, and the sites they link to are not under the control of CANAAN in any manner whatsoever and you therefore access them at your own risk. CANAAN is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. CANAAN is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by CANAAN of any linked site and/or any of its content therein.
12.1 Notices from us: All notices or other communications are deemed to have been given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
12.2 Notices from you: You may only give notice to us through the contact information provided in Clause 13.16, and such notice shall be deemed to have been duly given only upon receipt by us. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
12.3 Other Modes: Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
13.5 International Use: You understand the borderless nature of the Internet and agree to abide by all local laws and regulations on online behavior and content. In particular, you agree to comply with all applicable laws and regulations on the transmission of exported information from Singapore or your country or region.
13.7 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
13.9 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
13.12 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Website and Services shall be binding and conclusive on you for any purpose whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records whether on the basis that such records are in electronic form or are the output of a computer system or otherwise, and you hereby waive any of your rights, if any, to so object.
13.13 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Website and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
13.15 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, export and import controls and sanctions including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act, Export Administration Act, Arms Export Control Act, Arms Export Control Act, International Traffic in Arms Regulations and Export Administration Regulations, and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
Schedule 1 - Definitions and Interpretation
Unless otherwise defined or the context requires otherwise, capitalized terms used herein shall have the meanings set out below.
1.1 “Customer” means an authorised user of the Website and/or the Services.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “CANAAN”, “we”, “our” and “us” refer to Canaan Creative Global PTE. Ltd. and its affiliates and subsidiaries.
1.4 “Listing Price” means the price of Products listed on the display page of the Product on the Website.
1.5 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.6 “Materials” means, collectively, all web pages on the Website, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Website and the functionalities or services provided on the Website.
1.7 “Order” means your order for Products sent through the Website in accordance with the relevant Order Policy.
1.8 “Password” refers to the valid password that a Customer who has an account with CANAAN may use in conjunction with the Username to access the relevant Website and/or Services.
1.9 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data includes your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.10 “Website” means (a) both the website operated and/or owned by CANAAN which is presently located at the following URL: shop.canaan.io
1.12 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Website.
1.13 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libellous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.14 “Services” means services, information and functions made available by us at the Website.
1.17 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Website.
1.18 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with CANAAN.
1.19 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.20 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.