General Term of Use


TERMS; ACCEPTANCE These General Terms of Use ("Terms") are offered to you by Microtube Technologies Pte Ltd and its affiliates ("MTPL") and govern your use as a visitor to www.microtube.tech and/or www.mtpl.sg and/ or other websites (including any social media sites, mobile webpages and application store pages) managed by MTPL that reference the Terms (the "MTPL Sites"). Please read these Terms carefully. By using, accessing and/or visiting the MTPL Sites, you accept and agree to these Terms. If you do not accept and agree to the Terms, you should immediately stop using, accessing, and/or visiting the MTPL Sites. Please also carefully read MTPL's Privacy Policy, located here. By agreeing to these Terms, you also agree to and accept our Privacy Policy. In addition to the Terms and Privacy Policy, other and/or additional terms may apply in certain limited instances, such as when you contact us, make payment on our Microtube Technologies Online Store.

MODIFICATIONS We reserve the right to make changes at any time to the MTPL Sites, these Terms, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the Terms by posting the new Terms on the MTPL Sites. Please consult these Terms regularly for any changes. The date of the last revision appears at the top of the Terms. Your use of the MTPL Sites following any changes to the Terms will signify your acceptance of the revised terms.

SUPPORT

MTPL provides customer support services ("Support Services") in accordance with these Terms, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here. MTPL will use commercially reasonable efforts to provide the Support Services in a professional manner but cannot guarantee that every question or problem raised by you can or will be resolved.

INTELLECTUAL PROPERTY MATTERS

USER RESTRICTIONS

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, 'Content') are owned by Microtube Technologies Pte Ltd or its licensors. You are expressly prohibited from using any Content without the express written consent of Microtube Technologies Pte Ltd or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Microtube Technologies Pte Ltd, and/or the appropriate licensor. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

USER FEEDBACK AND UNSOLICITED IDEAS

If you have feedback on how we can better improve our services, you are welcome to leave us a message on the contact page. Any feedback you provide is deemed to be non-confidential and non-proprietary. MTPL shall be free to use such information on an unrestricted basis.

INACCURACY DISCLAIMER

From time to time there may be information on www.microtube.tech and/or www.mtpl.sg that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information and cancel/void your order/purchase at any time without prior notice (a partial refund will be issued for orders that have overcharged and order will be cancelled when undercharged).

DISCOUNTS & PROMOTIONS

Microtube Technologies Pte Ltd reserves its rights to change discount and promotions without prior notice.

YOUR SUBMISSION & INFORMATION SUBMISSION BY YOU

You grant us a non-exclusive licence to use the materials or information that you submit on the website and/or provide to us, including but not limited to name, contact, mail address, shipping address, questions, comments, and suggestions (collectively, “Submissions”). 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.

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 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.

PRIVACY POLICY

You acknowledge that you have read and agree to the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

MISCELLANEOUS

GOVERNING LAW You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms of Sale and any dispute that might arise between you and MTPL in relation to your use of the Microtube Technology Online Store and these Terms of Sales.

DISPUTES You also agree that any disputes 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 one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale shall be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise.

General Terms of Sale

SCOPE

These Microtube Technology Products & Services - General Terms of Sale ("Terms of Sale") are offered to you by Microtube Technology Pte Ltd ("MTPL", "we" or "us") and govern all offers, sales and purchases of any products (including hardware and software) and/or services offered by MTPL (collectively to be referred to as "Products") through the Microtube Technology Online Store at www.mtpl.com ("Online Store"). Please read these Terms of Sale carefully. By making an offer to purchase any Product, you accept and agree to these Terms of Sale and any amendments to these Terms of Sale from time to time. If you do not accept and agree to the Terms of Sale, you should immediately cancel any offer to purchase the Products. Nothing in these Terms of Sale shall prejudice or limit rights granted by applicable mandatory laws.

PURCHASE OF PRODUCTS All prices stated on this website are in Singapore Dollars. Purchase of Products through the Microtube Technology Online Store shall be subject to the following terms and conditions:

YOUR COMPLIANCE You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of Products through the Microtube Technology Online Store.

PRODUCT AND SUPPORT DESCRIPTIONS We attempt to be as accurate as possible in the descriptions of our Products and support services. However, we do not warrant that any Product and/or support descriptions or other content on the Microtube Technology Online Store is accurate, complete, reliable, current, or error-free. If you purchase a Product through the Microtube Technology Online Store and you believe it is not as described on the Microtube Technology Online Store, or you believe you have not received support for your Product as provided in the Limited Warranty, your sole remedy is to exchange the Product in accordance with our Return Policy.

PLACING AN ORDER You may place an order ("Order") by completing the requisite forms on the Microtube Technology Online Store. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. All Orders are final, non-cancellable and non-refundable, except as expressly provided in our Return Policy. Any prices and descriptions on the Microtube Technology Online Store are subject to availability, do not constitute an offer to purchase a Product and may be revised by us at any time. Accordingly, all Orders shall be subject to our acceptance and each Order is accepted by us when we accept your payment and dispatch your Order (such acceptance to be referred to as "Acceptance"). Prior to the Acceptance, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly, we shall not be liable for any loss, liability or damage which may be incurred as a result. You acknowledge and agree that any automatic email acknowledgement of your Order does not constitute an Acceptance of your Order. For the avoidance of doubt, we reserve the right to: (i) decline to process or accept any Order received from or through the Microtube Technology Online Store at our absolute discretion; and (ii) prohibit the re-sale of certain Products that are identified as "not for resale" at the time you place an Order. We may keep records of all Orders, Acceptances and any other related documentation for a reasonable period after Acceptance.

CANCELLATION OF ORDERS We will cancel your Order if: (i) we are unable to accept your Order within a reasonable time from your date of Order (with the exception of pre-orders); (ii) payment for your Order is incomplete. If we cancel your Order, we will refund any prior payment that you have made for that Product.

LIMITED WARRANTY
Hardware Product
  • a) We warrant that the Products will:
      • i) at the time of delivery, meet the specifications in the quote or otherwise agreed in writing; and
      • ii) for 7 days from delivery, be free from material defects in workmanship and materials.
  • b) For Fabric sensor development kit, material defects covered by the warranty are a seam coming apart, a sensor short-circuit/cable break/disconnection, mechanical failur of a sensor, sensor wash-proofing failure, electronics module not charging except where these defects are a direct result of a defect that is excluded from the warranty. All other defects are excluded from the warranty.
  • c) The warranties do not apply to any defect caused by modification of the Hardware Product by any person other than us, your breach of the Terms, any damage done as a consequence of failing to follow reasonable use guidelines, or use of the Hardware Product for a purpose not contemplated by the Terms and not authorised by us in writing.
  • d) If the Hardware Products do not meet a warranty, MTPL may, at its option:
    • i) Repair or replace the defective Hardware Products.
  • e) The remedy under clause d is the Customer’s sole remedy against MTPL for breach of warranty.
  • f) If a defect is not covered by this warranty, MTPL will provide Customer with a quote for repair, and it will be at the Customer’s discretion whether to proceed with the repair.
  • g) To the maximum extent permitted by law, our warranties are set out in this Limited warranty clause and all other conditions and warranties, including any as to the merchantable quality or fitness for purposes (including a particular purpose) are excluded.
Software Product that comes with devices

The Software is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you. MTPL makes no representation concerning the quality of the Software, and does not promise that the Software will be error-free, bug-free, or will operate without interruption.

RETURN POLICY For information about the Return Policy for Products, please visit link. You acknowledge and agree that in the event you qualify for a refund of the purchase price of any Products, such refund shall not include any cross border fees that credit card companies may charge for the processing of any payment ("Cross Border Fees"). Such Cross Border Fees shall be borne by you.

INSPECTION OF PRODUCTS

You are allowed a period of 7 calendar days (“Inspection Period”) from the date of delivery to notify us in writing of any damage or defects to the Products which are discernable by a visual inspection of the Products. Where a notice is issued by you and we agree with the assessment made in such notice we shall in our discretion replace the defective Product as stated in the Return Policy, provided that this section shall not apply to any defect in the Products which has been subjected to misuse, mishandling, neglect, modification, or unusual physical or chemical stress after delivery.

PRICE AND TERMS OF PAYMENT You acknowledge and agree that in the event there is any price discrepancy for the Products, the authoritative price is the price notified to you on our Acceptance. We reserve the right, at any time before our Acceptance, to notify you of: (i) any revision in the prices of the Products to factor in any changes to the cost of the Products. Such changes include without limitation changes to the tax rate or levy and any variation in the applicable exchange rates; and/or (ii) any changes to the description of the Products. If you choose to continue with the fulfilment of your Order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description. The countries in which we can deliver the Products are set out in the Microtube Technology Online Store. We reserve the right to amend this list of countries at any time and shall not be liable to you for any such amendment to the list of countries or the imposition of any new condition in relation to any country. Unless stated otherwise, all prices of the Products set out on the Microtube Technology Online Store shall be exclusive of: (i) any shipping cost (unless you qualify for free shipping based on the terms set out on the Microtube Technology Online Store); (ii) any sales tax or duty, customs charge (including but not limited to customs charges), import duty and tax (where applicable); and (iii) Cross Border Fees (collectively, the "Additional Cost"). Such Additional Cost shall be borne by you. Payment in full must be made before our Acceptance using the payment methods as provided for on the Microtube Technology Online Store. We will charge credit and debit cards before dispatch of the Products or the commencement of any services. You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We shall not be liable for any billing errors unless you advise us of such billing error within fourteen (14) working days from the date of Acceptance. In the event such billing error is attributable solely to us, we will cancel your Order and/or refund any prior payment that you have made for that Product. We will also allow a re-order of that Product.

DELIVERY, RISK AND LIABILITY Any delivery time lines stated on the Microtube Technology Online Store or in any other acknowledgements are for indicative purposes only. We will endeavour to keep within such time lines but we shall not be liable to you in respect of any delay. Subject to our Acceptance, we will deliver the Products to the address submitted by you. If you change your address after submitting an Order, we reserve the right to charge you for any additional cost incurred by us as a result of such change. We also reserve the right to cancel your Order if: (i) the address submitted by you is that of a freight forwarder or a forwarding agent; (ii) you place an unusually large Order; or (iii) there is a high volume (beyond the usual amounts) of Products sent to the shipping address specified by you. Notwithstanding anything to the contrary, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery; or (ii) when placed in your possession or that of any carrier provided by you. You are not entitled to, in whole or in part, reject any Products or fail to take delivery of any Products unless: (i) it is expressly provided for in these Terms of Sale, any applicable Returns Policy or any applicable law that cannot be excluded or limited; (ii) the Products are damaged or lost in transit (where the Products are carried by our own carrier) and provided you notify us within the time lines stipulated in our Returns Policy (if damaged) or within fourteen (14) working days of the estimated date of delivery (if lost); or (iii) there are defects in the Products that are not caused by your actions, omissions, neglect or default and provided you notify us within the time lines stipulated in our Returns Policy. Save as set out above, if you reject or fail to take delivery of such Products, any risk of loss or damage to the Products shall nonetheless pass to you. Further, without prejudice to any other rights or remedies available to us, we reserve the right to: (i) effect delivery by any means we consider appropriate (at your cost); and/or (ii) charge you for any costs incurred as a result of your rejection or failure to take delivery, including without limitation any storage cost. In the event of: (i) any short delivery; (ii) failure to deliver; or (iii) any defect or damage to a Product, we may, in our sole discretion: (a) deliver the Products pursuant to any short delivery or failure to deliver; (b) replace or repair the Products in accordance with our Limited Warranty and/or Returns Policy; and/or (c) refund the price paid for any damaged or defective Product. Without prejudice to our Limited Warranty and/or Returns Policy, we shall not be liable for damages or losses arising from: (i) any use that is inconsistent with our specifications or instructions; (ii) use of the Products with other defective or unsuitable equipment or software; or (iii) your negligence.

SOFTWARE All software (including pre-loaded software contained in hardware) is provided subject to such software's end user license agreement. You agree that you shall be bound to such end user license agreement.

LIMITATION OF LIABILITY IN NO EVENT SHALL MTPL, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF MTPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MTPL’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you. Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.

LICENSES & EXPORT LAWS You are responsible for obtaining (at your own expense) any license or consent from any government authority (or any other authority) that is required for the purchase, transport or use of the Products. You agree to provide evidence of such license or consent upon our request. You agree to comply with any export control laws or regulations that are applicable to the purchase, transport or use of the Products.

YOUR REPRESENTATIONS You shall maintain and promptly update your account information that is stored with us and shall secure such information (including but not limited to your username and password) against any unauthorized access. You represent to us that all information provided by you when placing your Order is up to date and is sufficient for us to process your Order. You shall not assume any warranty, commitment or obligation on our behalf without our express prior written consent.

PERSONAL INFORMATION AND PRIVACY POLICY When you make an offer to purchase a Product, we will collect or receive your Personal Information or Non-Identifying Information (as those terms are defined in our Privacy Policy, available here ). Personal Information and Non-Identifying Information are treated in accordance with our Privacy Policy. By making an offer to purchase a Product, you accept and consent to our Privacy Policy, which we may update from time to time.

MISCELLANEOUS

GOVERNING LAW You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms of Sale and any dispute that might arise between you and MTPL in relation to your use of the Microtube Technology Online Store and these Terms of Sales.

DISPUTES You also agree that any disputes 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 one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale shall be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise.

FORCE MAJEURE MTPL shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of MTPL being prevented, hindered or delayed in the performance by circumstances beyond MTPL’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event MTPL may elect to cancel your order and refund any payments made.

ENTIRE AGREEMENT You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between MTPL and you with regards to your ability to purchase goods or services from the Microtube Technology Online Store. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.