Terms & Conditions

These are the official terms and conditions of this Website (as defined below), which is owned and operated by Kian Ann Engineering Pte Ltd (“KA”) (the “Terms and Conditions”). By using this Website, you understand, acknowledge and agree that you will abide by these terms and conditions set forth below (as may be updated from time to time) and that the same will constitute an agreement between you and KA..

If you do not agree with any of these conditions, please refrain from using this Website or using any of the services provided herein.

1. Purpose of the Website

The term “Website” refers to the web pages at http://www.kianann.com.sg/ (including all subdomains thereof) and includes the Services (as defined below), content, information, applications, programs, images, links, sounds, graphics, video and other materials which may be displayed therein and the functionalities or services provided therein.
The Website provides information about the business, goods and services, and operations of the Kian Ann group of companies (the “Services”), which may be provided by directly or through its employees, agents and/or affiliates (also referred to as “we”, “us”, “our”). We may from time to time provide the Services or a part thereof through a password-protected and/or secure area of the Website, your access to which is subject to you registering your particulars and password with us through the Website in accordance with these terms and conditions.
KA may impose fees in respect of the Services at its discretion. KA may from time to time issue guidelines or rules pertaining to the use of the Website and you agree that you will use the Website in accordance with the same. You acknowledge that the Services and/or transactions carried out as a part thereof may also be subject to other prevailing user agreements and/or terms and conditions of KA as KA may notify to you.
Subject to the Privacy Policy (as defined below), KA may at any time and for any reason, without prior notice to you, alter, modify, remove, delete, terminate, amend, vary, supplement, adapt, or otherwise change the Website, the Services, your registered account, and any information or material forming part of the same or submitted by you through the Website at its sole discretion and you agree that we shall not be liable to you for any consequences thereof.

2. Permitted and Restricted Uses of the Website

KA hereby grants you a non-exclusive, non-transferable, revocable, limited license to access, display and download on/to your computer the material available on the Website for the purposes of obtaining information on the Kian Ann group of companies and the products and services provided by them, for your personal use. Any use of the Website or its contents that is not in accordance with the provisions of these terms and conditions is deemed to be “unauthorised” and is prohibited.
You shall not (and shall not allow others to), without KA’s prior written consent (which KA may grant subject to such conditions as it deems fit):
1. copy, reproduce, alter, adapt, display, republish, upload, post, transmit, distribute, sell, license or sub-license, decompile, use for the creation of derivative works or otherwise provide access to any part of the Website;
2. use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users of the Website;
3. use any robot, spider, crawlers, other automatic software or device, or manual process to monitor or copy the Website or its contents;
4. scrape or display from the Website for use elsewhere;
5. collect personal or other data of other users of the Website;
6. use the Website for illegal purposes, in a manner that may damage our reputation or goodwill, or in such a manner that would infringe the intellectual property, privacy or other rights of any party;
7. introduce to the Website any code of a destructive or malicious nature that may damage, detrimentally interfere with, limit the functionality of, surreptitiously intercept or expropriate the Website, any system, computer software or hardware, data or personal information;
8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
9. impersonate any person or entity, or mislead or misrepresent your affiliation with a person or entity;
10. modify, hack or adapt the Website, or modify, adapt or hack any other website so as to falsely imply that it is associated with the Kian Ann group of companies;
11. hyperlink directly or indirectly to the Website or any webpage thereof, or “mirror” any part of the Website on any other server.

3. Registration and Security

You agree that when registering for a user account, you will provide your real name and particulars. You also agree to keep the Registration Data (defined below) provided by you at all times up-to-date and complete. You will be responsible for all activity that occurs under the account registered by you, including without limitation payment in a timely manner of all fees, charges and applicable taxes incurred through such account activity, using such payment methods as we may from time to time specify.
You agree not to:
1. provide any false or misleading personal information to us;
2. create an account for a person other than yourself;
3. share your password with any other person;
4. share allow anyone else to access your account or conduct any activity through your account;
5. transfer or assign your account to any other person without our prior written consent.
You agree that we may use all information collected by us or provided to us by you for the purposes of provision of our services on the Website and in accordance with the terms of our Privacy Policy.
You agree to notify us in writing if you become aware of or believe that there may be unauthorized use of your user name and password or security breach.
Notwithstanding our efforts to ensure that the Website is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others.
We may issue instructions to you from time to time to maintain the security of the Website. You agree to comply with those instructions.

4. Transmission of Data by You

We do not wish to receive confidential or proprietary information from you through our Website. Please note that any information or material you send to us through the Website will be deemed to be not confidential.
By sending us any information or material, subject to the Privacy Policy, you grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

5. Typographical Errors

In the event that any product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for such goods/services listed at the incorrect price, whether or not (i) the order has been confirmed, or (ii) your credit card has been charged or payment has otherwise been effected.
Where your credit card has been charged or payment has been made in respect of an order canceled pursuant to this clause, we will issue a refund for the amount charged/paid.

6. Privacy

Data you provide to us in connection with your account (“Registration Data”) is subject to our (“Privacy Policy”) which is incorporated by reference into and made a part of these terms and conditions.
By providing us with Registration Data and other personally identifiable information about yourself, you agree and consent to our use and disclosure of such information in accordance with the Privacy Policy.
You agree that your use of the Website and/or provision to us of Registration Data amounts to a request and consent to receiving communications and materials from KA from time to time.

7. Hyperlinks

Any hyperlinks to other websites are provided as a convenience only, and neither imply our responsibility for, nor our approval of, nor our affiliation with or endorsement of, nor verification by us of such other websites. We make no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. Any access, use or engagement of or other dealings with such websites shall be undertaken at your own risk.

8. Intellectual Property

You agree that the Website and the materials found on the Website are protected by copyright, trade marks and other intellectual property rights under Singapore and international laws, and further that we or our licensors own all intellectual property rights comprised in the Website (except where otherwise indicated).
Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring on you any license, ownership or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights in the Website, the Services and the contents thereof. You agree not to delete, tamper with, conceal or modify any copyright notice or other notices found on the Website.
We reserve our rights to remove any content posted or submitted via the Website that infringes the intellectual property rights of any third party that comes to our notice and attention. We also reserves our rights to disable the account and access to the Website of any person who posts unauthorized or infringing material on the same.
If you believe that the Website contains elements that infringe your intellectual property rights, please send KA a written notice in accordance with these terms and conditions, containing all the details of your work which you believe has been infringed, together with all available details of the alleged infringement.
For the purposes of this clause, “intellectual property rights” shall include:
1. the trade marks “KIAN ANN”, “KA device” and any other trade mark or trade name whether registered or unregistered, including applications for registration, and all other representations whatsoever, in whatever form or medium anywhere in the world as used in the Website;
2. copyright which means all copyright (and future copyright) in any written material, website content, sound recordings, cinematograph films, broadcasts, cable programs, computer programs, databases, software, dramatic works, artistic works, literary works, drawings, plans, specifications, designs, multimedia work or other work in whatever form or medium created or acquired by us and used in the Website;
3. designs which mean all designs, whether or not registered or protected by copyright, created or acquired by us and used in the Website;
4. know-how which means all know-how, including technical and other information or experience or trade secrets devised, developed or acquired by us and used in the Website;
5. domain names which mean all domain name registrations including http://www.kianann.com.sg, all subdomains thereof and any other URL addresses in relation to the Services;
6. goodwill which means all goodwill and custom pertaining to or otherwise arising from the Services including without limitation all lists of customers and other documents whatsoever, confidential information and all rights whatsoever connected with the custom of the Website.

9. Payments

All payments made on or through the Website will be via the payment systems that KA may from time to time incorporate. You agree to abide by the terms and conditions governing these payment applications.
We will not be liable for any breach by you of any terms governing the payment applications.

10. Termination or Suspension of Access

Without prejudice to the other terms hereof, we may with or without notice and/or refund of fees carry out any of the following, if we have reasonable grounds to believe that you have breached these terms and conditions:
1. issue you a warning;
2. temporarily or indefinitely suspend your access to the Website;
3. temporarily or indefinitely suspend or disable your registered account;
4. terminate your registered account;
5. take technical or other steps to prevent your access to the Website;
6. refuse to provide the Services to you
Notwithstanding the termination, suspension or prohibition of your registered account or of your access to the Website for any reason, clauses 2, 4, 8, 10, 11, 12, 13, 14, 15 and 16 shall continue to apply.

11. Representations and Warranties

You represent and warrant at all times that all your Registration Data, personal particulars, registration information and other information given to us from time to time are true, accurate and complete.
If you are registering as or for a business entity, you personally guarantee that you have the legal authority and capacity to bind the entity to these terms and conditions. You also warrant that the business entity that you are registering as or for, is at all material times legally registered under all applicable laws in Singapore.
You warrant that you either own or are authorized to use and deal with all information and content submitted or posted by you on or through the Website and that the same does not infringe the intellectual property rights or other rights of any other entity.
You agree that you will exercise and rely solely on your own skill and judgment in your use and interpretation of the information in the Website. You shall be responsible to ensure that your use of the information in the Website is in accordance with the provisions of this Agreement and complies with all applicable laws. You agree that any transactions, activities, acts or omissions made based on your reliance of the information you obtain from the Website are made at your own risk.
You acknowledge that the Website is not error free and electronic information provided by you or us may be lost or corrupted. While we use reasonable efforts to ensure that information supplied to you is timely and correct, we do not warrant the accuracy, adequacy, reliability or completeness of any material on the Website and shall not be held liable for any inaccuracy, inadequacy, unreliability or erroneous description or information in connection therewith.
Your access to and use of the Website is at your sole risk and the Website and its contents are provided “AS IS” and “AS AVAILABLE”. The Website is for your use in accordance with this Agreement only and we make no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose.
Without prejudice to the foregoing, we do not make any warranty or representation that the access and/or use of the Website or any part thereof will be uninterrupted, timely, secure, free from virus or other malicious, destructive or corrupting code, program or macro, free from transmission errors or otherwise free from errors. In no event shall we be liable for any disruption of service or inability to access the Website and/or Services. We shall not be responsible for any orders or enquiries placed or activity carried out through the Website under your registered account which are the subject of disruption, interruption, transmission errors, corruption or other errors, and you shall be responsible for contacting us to verify or cancel such order, enquiry or activity.
You acknowledge that there are security, corruption, transmission error and access availability risks associated with using open networks and Internet websites and hereby expressly assume such risks.

12. Exclusion of Liability

To the maximum extent permitted by law, we expressly disclaim liability (including indirect, special, economic or consequential damage or loss) arising from:
1. infringement of intellectual property or other rights due to the use of the Website by a third party;
2. viruses or malicious software that may infect a user’s computer, equipment or software, data or other property caused by persons accessing, using or downloading the Website;
3. any breach of security, delay, any unauthorised interception or use of your credit card or personal information, corruption or destruction of data or systems, transmission error or loss of information in connection therewith and associated with accessing and/ or using the Website or any part thereof ;
4. the availability, use and content of any third party websites which may be linked to the Website;
5. any unauthorised access and/or use of the Website and access or use of the Website in a manner inconsistent with these terms and conditions;
6. any transaction between you and the entities which operate/own the payment systems utilized by the Website;
7. the use of, accuracy, currency and validity of information and materials contained within the Website.
In the event of any breach of these terms and conditions by us or if the law implies any condition or warranty liability for breach of which cannot be excluded, our total liability is limited to and shall not exceed the lower of (i) the total amount of payments made by you to us through the Website in respect of the order of products/services in connection with which the liability arose, and (ii) the value of the undelivered products/services remaining in respect of the order in connection with which liability arose, as reflected in the purchase order issued by us.
Without limiting our rights referred to in the preceding sub-clauses, neither party shall be liable for any failure to perform its obligations if such failure arises from such circumstances reasonably beyond that party’s control. These circumstances include fire, flood, earthquake, elements of nature, acts of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion, default of sub-contractors (including forwarders and carriers) or suppliers, loss or breakdown or grounding of carrying vessel, any change of law which makes compliance with the affected party’s obligations under these terms and conditions illegal or impossible to perform, communication line failures, telecommunications network failure, power failures, interruptions or shortages, and computer processing systems failure.

13. Indemnity

You agree to defend, indemnify and to hold us, our officers and our employees and our related companies harmless against any and all loss, damages, actions, claims, liabilities, costs, expenses (including without limitation legal costs), compensation, whether direct or indirect, incurred by us arising out of or in connection with your access and/or use of the Website or the Services in a manner that breaches any of these terms and conditions or applicable laws, or that infringes the rights of any third party. If requested by us, you agree to use your best efforts to cooperate with us in the defense of any such claim.

14. Notices

Any notice given by us is deemed to be received by you:
1. at the time when an electronic mail, electronic message, fax or SMS is sent by us to the number/address provided by you in your Registration Data;
2. one (1) business days (i.e. any day that is not a Saturday, Sunday or gazetted public holiday in Singapore) after we post the notification to you to the Singapore address provided by you in your Registration Data;
3. three (3) business days (i.e. any day that is not a Saturday, Sunday or gazetted public holiday in Singapore) after we post the notification to you by airmail to the address outside Singapore provided by you in your Registration Data.
Notices from you to us shall be sent by post to Kian Ann Engineering Pte Ltd at 7 Changi South Lane. Singapore 486119 with a copy by email to info@kianann.com.sg

15. Law and Jurisdiction

By accessing this Website, you agree that Singapore law shall govern such access as well as the terms and conditions herein.
You agree to submit to the non-exclusive jurisdiction of the Singapore courts.

16. Miscellaneous

KA reserves the right to vary these terms and conditions from time to time.
Nothing in these terms and conditions shall prevent us from complying with applicable laws.
You acknowledge that all information contained in the Website and the Services are subject to change without notice.
You shall not assign or transfer your rights under these terms and conditions or any part thereof without our prior written approval by notice given in accordance with these terms. We reserve the right to assign or transfer any rights we may have under these terms and conditions without your consent.
KA and you are independent contractors by virtue of these terms and conditions, and no agency, partnership, joint venture or other relationship is intended or created thereby.
A failure by a party to exercise or enforce any rights conferred upon it by these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
If any part of these terms and conditions is held to be invalid or unenforceable under any court of law or other authority of competent jurisdiction, such provision shall be modified to the extent required to comply with such law or authority or, if necessary, shall be severed from the rest of these terms and conditions and the remaining provisions shall have full force and effect.
A person who is not a party to these terms and conditions has no rights under the Contracts (Rights of Third Parties) Act, Cap. 53B to enforce any term hereof, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
The headings in these terms and conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these terms and conditions.

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