Agreement - Terms of Use
Thank you for visiting the www.carwerkz.com and/or carwerkz.com, ("We" or "Our" or "Ours" or "Us") website ("this Site”). By accessing and using any part of this Site, engaging Our service ("Service") and/ or purchase any physical Product ("Products") from Us, you shall be deemed to have unconditionally accepted to be legally bound by these Terms of Use ("Terms"). If you do not agree to any of these Terms of Use, please do not use this Site and/or the online services.
1. GENERAL
1.1 These Terms of Use may be changed from time to time at the absolute discretion of Abenco Pte Ltd. All changes will be posted on this page, and your use of this Site after such changes have been posted will constitute your unconditional agreement to the modified Terms of Use and all of the changes. You should therefore read this page carefully each time you visit this Site.
2. PROPRIETARY RIGHTS
2.1 This Site is the official Carwerkz website. It is owned, operated and maintained by Abenco Pte Ltd.
2.2 The materials located on this Site including the information, trade and service marks and any software programs ("the Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to or controlled by Abenco Pte Ltd.
2.3 Our products and/ or designs belong to Our intellectual property right and copyright, legal action will be applied if found copying Our products and/ or designs in any form.
3. PRIVACY POLICY
3.1 If you are only browsing this website, We do not capture data that allows Us to identify you individually.
3.2 If you choose to make an application or send Us an email for which you provide Us with personally identifiable data, We may share necessary data with Our business associates, so as to serve you in a most efficient and effective way, unless such sharing is prohibited by law.
3.3 For your convenience, We may also display to you data you had previously supplied Us. This will speed up the transaction and save you the trouble of repeating previous submissions. Should the data be out-of-date, please supply Us with the latest data. We will retain your personal data only as necessary for the effective delivery of services to you.
3.4 This Site may contain links to other sites whose data protection and privacy policies may differ from Ours. We are not responsible for the content and privacy policies of these other websites and encourage you to consult the privacy policies of those sites.
4. RESTRICTIONS ON USE OF THE CONTENTS
4.1 Except as otherwise provided, the Contents of this Site shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission from Us.
4.2 Subject to Clause 4.3, to use any parts of the Contents of this Site, the user must seek Our permission in writing, stating the:
- contents for use;
- intent of use;
- manner of use;
- time frame of use; and
- identity of the user.
4.3 We reserve the right to refuse permission without declaring reason(s) and/or if the information submitted by the user is deemed insufficient.
4.4 You may use, hyperlink, copy and distribute the Contents solely for personal, internal, non-commercial or informational purposes only. You may download one copy of any information provided in this Site onto a single computer for your own personal, non-commercial use provided that you keep intact all accompanying copyright and other proprietary notices. You may not display, distribute or otherwise use any of the Content for any commercial purpose unless you receive specific written consent from Us.
4.5 Modification of any of the Contents or use of the Contents without Our written permission or for any other purpose outside the scope of Our permission will be a violation of Our copyright and other intellectual property rights. Graphics and images on this Site are protected by copyright and may not be reproduced or appropriated in any manner without the prior written permission from Us and/or their respective copyright owners.
4.6 The design and layout of this Site is protected by intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or search engine from this Site may be copied or transmitted unless expressly permitted by Us.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 The Contents of this Site are provided on an “as is” basis without any representations or warranties of any kind. While We have made every reasonable effort to ensure that the information contained in this Site has been obtained from reliable sources, We shall not be responsible for any errors or omissions, or for the results obtained from the use of such information.
5.2 To the fullest extent permitted by law, We do not warrant and hereby disclaims any representation or warranty:
- as to the accuracy, completeness, correctness, reliability, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this Site; and
- that the Contents available through this Site or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Site and the server is and will be free of all viruses and/or other harmful elements.
5.3 We shall also not be liable for any damage, loss or expense of any kind howsoever caused as a result (direct or indirect) of the use of this Site, including but not limited to any damage, loss or expense whatsoever suffered as a result of reliance on the Contents contained in or available from this Site.
5.4 The information provided herein is to give a better understanding of the user's obligations and does not constitute professional or legal advice. While every effort is made to ensure that the Contents herein are consistent with existing law and practice, members of the public are advised to refer to the relevant legislation or to professional advice to be certain of their legal obligations.
6. RIGHT OF ACCESS
6.1 We reserve all rights to deny or restrict access to this Site to any particular person, or to block access from a particular Internet address to this Site, at any time, without ascribing any reasons whatsoever.
6.2 You unconditionally agree that you will not:
- use any robot, spider, other automatic device, or manual process to monitor or copy any pages within this Site or the Contents without Our prior written permission;
- use any device, software or routine to interfere or attempt to interfere with the proper working of this Site; or
- take any action that imposes an unreasonable or disproportionately large load on Our servers.
7. LINKS FROM THIS SITE TO OTHER WEBSITES
7.1 This Site contains hyperlinks to websites which are not maintained by Us nor controlled by Us. We shall not be responsible for the contents of such websites and shall not be liable for any damages or loss arising from access to such websites. Use of the hyper-links and access to such websites are entirely at your own risk.
7.2 All hyperlinks to other websites are provided as a convenience to you as a user of this Site. The inclusion of any hyperlink shall not imply the endorsement by Us of the hyperlinked website. In no circumstances shall We be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Site is linked.
8. LINKS TO THIS SITE FROM OTHER WEBSITES
8.1 Except as set forth below, caching and links to, and the framing of this Site or any of the Contents are prohibited:
- Linking to the Homepage: You may link to the Homepage of this Site, upon notifying Us in writing.
- Hyperlinking to an internal page of this Site: You must make a specific request for, and secure permission from Us prior to hyperlinking to, or framing, this Site or any of the Contents, or engaging in similar activities.
8.2 We reserve the right to impose conditions when permitting any hyperlinking to, or framing of this Site or any of the Contents.
8.3 Your linking to, or your framing of this Site or any of the Contents will constitute acceptance of these Terms of Use. This is deemed to be the case even after the posting of any changes or modifications to these Terms of Use. If you do not accept these Terms of Use, you must discontinue linking to, or framing of this Site or any of the Contents.
8.4 Under no circumstances shall We be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this Site or any of the Contents.
8.5 We reserve all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
8.6 We reserve the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Site or any of the Contents.
9. ERRORS ON OUR SITE
9.1 Prices and availability of Goods are subject to change without prior notice. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Sales Order is cancelled, We will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
10. SERVICE ENGAGEMENT
LIABILITY:
We will perform the services selected by you from Our service menu with all reasonable skill and care. Whilst We shall take all reasonable steps to ensure that Our staffs shall take reasonable care of the vehicle whilst in its custody (including without limitation where the vehicle is washed and cleaned), the company shall not be liable for:
Damage to, loss of the vehicle or any part of it, or any of its accessories or any of its content and/or damage to any other property, arising from, or in connection with the company’s custody of the vehicle, where such liability is proved to arise, and only to the extent it is proven to arise, as a result of negligence, a criminal act or breach of statutory duty on the part of the company or its servants or agents. In addition, We accept no responsibility or liability for any damage, however caused, resulting from or in connection with the seizure of the vehicle by the police or any person lawfully authorised to do so. We have no authority to accept any valuables or other articles for safe custody and We will not be liable for any loss of or damage to any such articles which You purports to leave in the safe custody or keeping of the company, its servants or agents. You are requested to deposit your valuables in a safe deposit box or other secure place prior to leaving the vehicle in Our custody.
10.1 By engaging Our Service, you are deemed to have understood the following:
- Definition of Carpark ("Carpark") means the Carparks that are listed on this Site.
- Our Service is only limited to cleaning the car exterior, it does not include cleaning car interior.
- From time to time, It is your responsibility to provide Us the most updated correct information needed for Us to perform Our Service, Should We not able to perform Our Service to you due to the lack of information, there will be no refund nor compensation of any sort.
- We or Our staffs will ensure Our Service to you is to Our best effort, however, as the definition of cleanliness may be different from Ours, We strongly encourage you to check with Us in writing prior to the engagement of Our Service.
- While performing Our Service to your vehicle, it is Our top priority to ensure your car in the condition As-Is, however, We shall also not be liable for any damage, loss or expense of any kind howsoever caused as a result (direct or indirect) of the use of Our products and/ or Service, including but not limited to any damage, loss or expense whatsoever suffered as a result of reliance on the Contents contained in or available from this Site.
- We will perform Our Service for cars parked under covered carparks, however, due to certain carpark lots may not be covered fully or exposed to direct sunlight, under raining condition or any other act of god, We reserve the rights to reject cleaning your car.
- If You are staying in Condominium or guarded compound, it is your resposibilty to ensure We are permitted to enter to your carpark, there will be no exchange nor refund if We cannot perform Our Service if We are rejected entry to Your carpark.
- Should you have any special request in engaging Our Service, It is your responsibility to inform Us 24 hours prior to the Service date, or We shall perform Our Service to you as per Our company guidelines.
10.2 We reserve the right to refuse, reject any customer without any reason given.
10.3 We exercise the utmost care with customer’s cars however, given the varying degree of vehicle conditions will not be responsible for:
- Pre-existing damage whatsoever
- Windscreen adhered accessories (E-tags, sat-nav aids, mirrors etc...)
- Valuables left in vehicle
- Open windows and sunroofs
- Cracked or chipped windows including tints
- Oxidised, chipped, blistered or flaked paintwork
- Modified or altered vehicles-including wheels or poorly fitted aftermarket accessories incl. number plate frames
- Automatic door locks, kill switches or alarms
- Cracked or faulty, bonnet, windshield, headlight protectors, loose mudflaps, side skirts or bumpers
- Antenna’s and roof racks
- Faulty ignition, batteries, alarm keys or mechanical faults
- Vehicle graphics
10.4 We do not refund nor exchange once payment is made, unused amount cannot be transferred to another user.
10.5 Subscription service on Our Site, known as "Subscribe and Save" is a contract of minimum 3 months of Service engagement, 50% (fifty percent) penalty of the remaining sessions charge will be imposed to early termination of contract, if contract is cancelled within the first 3 (three) months of Service engagement.
11. PRODUCT
We give the best of our ability to provide customers reasonably good products and services, however, different customer has different expectation, especially in product details and/ or designs.
We are constantly provide our best ability to describe and showcase our product through photos, video and any other possible ways on our website. It is customer’s responsibility to check with us prior to making the purchase. Once purchase is made, it is deemed that customer has fully understand the product customer purchased, and no further question to us.
11.1 We will at all times, provide good condition Product to you, upon you receiving the Product purchase from Us, it is your responsibility to check the Product condition, and inform Us within 3 days from the day you receive the Product from Us or Our courier service partner.
11.2 Due to the nature of some Products and usage of end user, We do not provide warranty for all Products sold.
11.3 It is your responsibility to install the Product according to the instruction provided by Us, if any. We shall not be liable for any damages to your vehicle or whatsoever.
11.4 Our products and/ or designs belong to Our intellectual property right and copyright, legal action will be applied if found copying Our products and/ or designs in any form.
11.5 Magnetic Sunshades
* Smallest holes fabric and strong magnets applies to certain models of magnetic sunshades.
11.6 Some gaps and corner holes on our magnetic sunshades are unavoidable.
12. PRODUCT WARRANTY
12.1 We personally Quality Check (QC) Our products to ensure product quality to Our customers. However, We cannot control third party logistic and courier partner's way of handling the products and/ or parcels during the delivery process, customer may write-in with photos to inform Us immediately upon receiving the defective products and/ or parcels with photo evidence of the damage parcel, and to allow Us 30 working days to investigate and rectify the issue.
12.2 For discounted products, We do not accept refund nor exchange in any form once order placed. It is Your responsibility to check with Us the product information and details before placing order with Us.
12.3 If defective products are found damaged by our third party logistic or courier partner, We will only send the replacement product upon receiving compensation from Our third party logistic partners and/ or courier.
12. YOUR CONSENT
12.1 By providing information to Us and/or conducting transactions or making applications with Us online, you are deemed to have consented to all the Terms of Use, including without limitation Terms relating to the collection, use and disclosure of such information in accordance with this Terms.
13. MANNERS
13.1 We respect and treat every customer with sincerity, however, We do not condone to abuse and/ or false information and/ or defamation in any form to any of Our employee and/ or brand and/ or company, physically, verbally and/ or over the social media and/ or reviews. If occurs or found, We will report to the governing authority and/ or take legal action against the party.
13.2 Some of Our products are developed by Our Company, and it belongs to Our Intellectual Property, as We know the details of Our products developed, We do not entertain and/ or rectify products bought from other sellers. If customers insist without any form of proof, We will report to the governing authority and/ or take legal action against the party.
14. GOVERNING LAW
14.1 These Terms of Use shall be governed and construed in accordance with the laws of the Republic of Singapore.
15. All rights reserved.
15.1 We reserved all rights in amending and/or add-on any terms and conditions deemed necessary without prior notice to customers.15.1 We reserved all rights in amending and/or add-on any terms and conditions deemed necessary without prior notice to customers.