Terms and Conditions
This website is owned by Escala Fashion Pte Ltd (wholly owned subsidiary of Ghim Li Group of Companies).
1. REPRESENTATIONS & WARRANTIES
1.1. You hereby represent and warrant that:
1.1.1. You have read and accepted the Web Terms in its entirety;
1.1.2. You are at least 18 years old and have the necessary legal capacity, right, power and authority to accept to these Web Terms and you are either;
1. Accessing this Site, using the Services and contracting in your own personal capacity;
2. Accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity; or
3. Contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Web Terms and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Web Terms;
4. Agree to the payment of any local customs taxes if applicable in your shipping destination.
1.1.3. You are authorized to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
1.1.4. All of the information provided by you to Escala Fashion Pte Ltd.(including without limitation personal particulars and contact information) is accurate and complete.
2. SITE AND SERVICES
2.1. The Site is owned and maintained by Escala Fashion Pte Ltd.
2.2. Escala Fashion Pte Ltd. may now or in the future offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
2.2.1. Online ordering of Products;
2.2.2. Access to content;
2.2.3. Search engines or tools;
2.2.4. A platform to create, upload and publicly make available User Content;
2.2.5. Product reviews and catalogs, message boards, forums, blogs, communication tools; and
2.2.6. Any other features, content or applications that Escala Fashion Pte Ltd. may offer at the Site from time to time in its sole and absolute discretion.
2.3. You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will be deemed to have agreed to the Terms and Conditions of Sale in addition to these Web Terms.
3. PASSWORD & ACCOUNT
3.1. Escala Fashion Pte Ltd may require you to register an online account (“Account”), to enable you to access and use certain portions of this Site or use certain Services.
3.2. You agree that your Account is for your sole, personal use. You hereby agree not to:
3.2.1. Share with or permit others to use your Account; or
3.2.2. Assign or otherwise transfer your Account to any other person or entity.
3.3. You shall provide Escala Fashion Pte Ltd with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You further undertake to keep your Account information updated at all times such that it is accurate, current and complete.
3.4. As part of the registration process for the Account, you will select a password (“Password”) and user identification (“User ID”). You may not:
3.4.1. Select or use a User ID of another person with the intent to impersonate that person;
3.4.2. Use a name subject to the rights of any other person without authorization; or
3.4.3. Use a User ID that Escala Fashion Pte Ltd, in its sole discretion, deems inappropriate or offensive.
3.5. You shall promptly notify Escala Fashion Pte Ltd of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
3.6. You shall be bound by and responsible for, and Escala Fashion Pte Ltd. shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
3.7. You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
3.8. Escala Fashion Pte Ltd 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 User ID and Password.
3.9. You agree that Escala Fashion Pte Ltd reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. CK shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
4. USE OF ACCOUNT INFORMATION
5. SUSPENSION AND TERMINATION OF ACCOUNT
5.1. You agree that Escala Fashion Pte Ltd has the right in its sole and absolute discretion and without notice to:
5.1.1. Restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason; and
5.1.2. Without prejudice to the generality of the above, Escala Fashion Pte Ltd reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any term of this Agreement or if Escala Fashion Pte Ltd believes that you have been using the Account for unlawful and/or undesirable activities.
5.2. You agree not to hold Escala Fashion Pte Ltd liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
6. ONLINE CONDUCT
6.1. You hereby undertake:
6.1.1. To comply with these Web Terms, and such other notices or guidelines that may be posted on the Site by Escala Fashion Pte Ltd from time to time (which shall be incorporated by reference into these Web Terms);
6.1.2. Not to use any Service or Escala Fashion Pte Ltd Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
6.1.3. Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
6.1.4. Not to use the Account of another user at any time, whether with or without his/her permission.
7. USER CONTENT & LICENCE
7.1. You agree to exercise respect and to act reasonably when participating in any community feature on the Services which permits you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or imparies the operation of the Site or its availability or usage by others.
7.2. You may not submit, upload or publish on the Site.
7.2.1. Any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213 of Singapore)) or the proprietary or other rights of any third party;
7.2.2. Any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
7.2.3. Without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively “Improper Works”).
7.3. If, at any time you upload or post User Content to the Site you automatically:
7.3.1. Grant Escala Fashion Pte Ltd, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
7.3.2. Represent and warrant that:
1. All User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
2. None of the User Content are proprietary or confidential;
3. The use by Escala Fashion Pte Ltd and other users for the purposes and in the manner set out in this Clause 7.3, and the hosting of the User Content on the Servers by Escala Fashion Pte Ltd will not require any further licences from, or infringe any intellectual property or other rights of, any third party
7.4. Escala Fashion Pte Ltd at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, Escala Fashion Pte Ltd may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which Escala Fashion Pte Ltd believes are Improper Works, or which is the subject of any dispute.
7.5. You agree to indemnify and hold Escala Fashion Pte Ltd, and its subsidiaries, affiliates, officers, agents, co-branders or other 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 any User Content or Improper Works you submit, post to or transmit through the Site or Services.
7.6. The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Web Terms (including under Clause 7.3), and subject to Escala Fashion Pte Ltd’s rights in the compilation of all User Content.
8. DISCLAIMERS & LIMITATIONS
8.1. While we make every effort to ensure that all Escala Fashion Pte Ltd Content displayed on the Site is accurate and complete, we provide the Escala Fashion Pte Ltd Content for informative purposes and 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, Escala Fashion Pte Ltd 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, Escala Fashion Pte Ltd does not warrant that the functions contained in or access to the Site, Services, Escala Fashion Pte Ltd Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Escala Fashion Pte Ltd Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Escala Fashion Pte Ltd Content in or with any Computer will not affect the functionality or performance of the Computer. Escala Fashion Pte Ltd does not warrant or make any representations regarding the use or the results of the use of the Escala Fashion Pte Ltd Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Escala Fashion Pte Ltd) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Escala Fashion Pte Ltd liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of Escala Fashion Pte Ltd.
8.2. The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Escala Fashion Pte Ltd does not sponsor, endorse or promote any products, services or information.
8.3. You acknowledge that it is not Escala Fashion Pte Ltd’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Escala Fashion Pte Ltd does not endorse and shall not be responsible for any such content.
8.4. You acknowledge and agree that Escala Fashion Pte Ltd does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Escala Fashion Pte Ltd hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
8.5. You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Escala Fashion Pte Ltd shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
8.6. You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
8.7. You agree that:
8.7.1. Escala Fashion Pte Ltd shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
8.7.2. Access to or the operation of the Site, Servers 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, and in any such event, Escala Fashion Pte Ltd shall not be liable for any loss, liability or damage which may be incurred as a result.
8.8. In no event shall Escala Fashion Pte Ltd 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 Escala Fashion Pte Ltd Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that Escala Fashion Pte Ltd is found to be liable for damages despite the foregoing provision, you agree that Escala Fashion Pte Ltd’s aggregate liability to you for any and all causes of action in relation to the Escala Fashion Pte Ltd Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Escala Fashion Pte Ltd for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Conditions of Sale.
8.9. Under no circumstances, including, but not limited to, negligence, shall Escala Fashion Pte Ltd be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Escala Fashion Pte Ltd Content, Services, Third Party Products, Site, or any other website, even if Escala Fashion Pte Ltd or a Escala Fashion Pte Ltd authorised representative has been advised of, or should have foreseen, the possibility of such damages.
8.10. You agree that the above exclusions and limitations of liability enable the Services and the Escala Fashion Pte Ltd Content to be provided by Escala Fashion Pte Ltd may be provided at either reasonable costs to you.
9. LINKED SITES
9.1. Escala Fashion Pte Ltd may provide links to Linked Sites that may be of relevance and interest to users. Escala Fashion Pte Ltd has no control over, and is not responsible for the content on 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 of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
9.2. Escala Fashion Pte Ltd does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.
10. DATA USE & PRIVACY
11.1. You agree that Escala Fashion Pte Ltd has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.
12. JURISDICTIONAL ISSUES
12.1. This Site is owned and operated by Escala Fashion Pte Ltd in Singapore. Escala Fashion Pte Ltd makes no representation that the Services or Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site 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.
13.1. You agree to indemnify and hold Escala Fashion Pte Ltd, and its subsidiaries, affiliates, 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 that Escala Fashion Pte Ltd, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to or arising out of:
13.1.1. Any use of the Site or any Site;
13.1.2. Your connection to the Site;
13.1.3. Your breach of any terms and conditions of these Web Terms;
13.1.4. Your violation of any rights of another person or entity; or
13.1.5. Your beach of any statutory requirement, duty or law.
14.1. Escala Fashion Pte Ltd reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. Escala Fashion Pte Ltd may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
14.2. Escala Fashion Pte Ltd may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be deemed to be acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.
15.1. If any provision of these Web Terms 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 Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.
16. RELATIONSHIP OF PARTIES
16.1. Nothing in these Web Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between Escala Fashion Pte Ltd and you and neither party shall have any authority to bind the other in any way.
17.1. No waiver of any rights or remedies by Escala Fashion Pte Ltd shall be effective unless made in writing and signed by an authorised representative of Escala Fashion Pte Ltd.
17.2. A failure by Escala Fashion Pte Ltd to exercise or enforce any rights conferred upon it by these Web Terms 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.
18. FORCE MAJEURE
18.1. No party shall be liable for any failure to perform its obligations under this Agreement 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.
18.2. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
19. RIGHTS OF THIRD PARTIES
19.1. Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
20. GOVERNING LAW & JURISDICTION
20.1. These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Evidence Act (Cap 97 of Singapore), the Electronic Transactions Act (Cap. 88 of Singapore) and the Personal Data Protection Act 2012, without giving effect to any principles of conflicts of law.
20.2. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at :
Escala Fashion Pte Ltd