Terms and Conditions Governing Use of our Sites and Sales
1.
General Information
1.1
These terms and conditions (“Terms”) apply to any and all use of this web site and the mobile site (“Sites”) which are owned and operated by SOG Dermatology Pte. Ltd. (“SOG DERM”, “we” or “us”), a wholly-owned subsidiary of Singapore O&G Ltd. (“SOG”). SOG DERM is incorporated in Singapore and has its registered office at 229 Mountbatten Road, #02-02 Mountbatten Square, Singapore 398007.
1.2
By using our Sites, you represent and agree that you are at least 18 years of age or older, and are fully able and competent to enter into these Terms, and the same shall form a binding agreement between you (the “User”) and SOG DERM; otherwise please exit our Sites.
1.3
Notwithstanding anything contained herein, we make no representation that the information contained in our Sites or that the products described or offered herein are appropriate or available for use in your country, or that they comply with the laws of your country. Users of our Sites do so at their own initiative and at their own risk, and are responsible for complying with all applicable laws and regulations. You agree not to access our Sites from any location or territory where their contents are illegal and that you and not SOG DERM, are responsible for compliance with all applicable laws and regulations.
1.4
These Terms are effective until terminated by either SOG DERM or you. SOG DERM, in its sole and absolute discretion, may modify, suspend or terminate these Terms at any time without notice and deny you access to our Sites or any portion of it. You may terminate these Terms at any time by contacting us and discontinuing all use of our Sites. Upon termination by SOG DERM or you, you must destroy all materials obtained from our Sites. SOG DERM reserves the right to modify or discontinue, temporarily or permanently, our Sites or any portion of it with or without notice. SOG DERM is not liable to you or to any third-party for any modification, suspension or termination of these Terms, or the modification, suspension or discontinuation of our Sites.
1.5
We reserve the right to refuse orders and service, terminate accounts, or cancel orders at our sole and absolute discretion. You agree that SOG DERM may terminate or suspend your access to all or part of our Sites, with or without notice, for any conduct that we, in our sole and absolute discretion believe to be in violation of any part of these Terms, applicable laws or regulations or is harmful to another person or SOG DERM or our affiliates.
1.6
If you have any questions about these Terms, please email SOG DERM at: customerexperience@sog.com.sg .
2.
Intellectual Property Rights and Information and Materials on our Sites
2.1
We reserve all rights to the information and materials, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the
Content”) on our Sites, except where explicitly indicated otherwise.
2.2
You agree that the Content on our Sites is protected by copyrights, trademarks, patents, trade secrets or other proprietary rights and laws, and that you shall not copy, reproduce, distribute or create derivative works or use the same other than as expressly authorised by us.
2.3
All registered and/or unregistered intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets or other proprietary rights) used or referred to on our Sites are the property of SOG DERM, SOG and/or its affiliates, save as expressly stated otherwise, and you agree that you shall not copy, reproduce, distribute or create derivative works or use the same other than as expressly authorised by us. You further agree not to modify, adapt, translate, decompile, reverse engineer, disassemble or otherwise attempt to recreate or substitute any of our products through your use of our Sites or our proprietary information related thereto.
2.4
All rights (including the goodwill and reputation associated therewith) in “SOG DERM” and such other name(s) and/or trademarks that are owned and/or use by us, belong to SOG DERM.
2.5
Our Sites may provide Users with links to other third-party web sites or mobile sites which are not under our control, and you agree that SOG DERM is not responsible or liable for any Content therein. You further agree that SOG DERM shall not be responsible or liable for any loss or damage of any kind incurred as the result of using any third-party’s web sites or mobile sites. You agree that you, and not SOG DERM, are responsible for your use of any third-party web sites or mobile sites.
3.
Privacy and Personal Data Protection
3.1
You represent and agree that we may collect information about you, as a User of our Sites, and that you will be providing SOG DERM with your personal data (details of which can be found in our Personal Data Protection Policy, available here) (“Personal Data”). The collection, use and disclosure of the foregoing information and Personal Data is governed by the Personal Data Protection Act 2012 of Singapore, our aforementioned Personal Data Protection Policy (which is hereby incorporated by reference and included as part of these Terms), and as modified and supplemented by these Terms.
3.2
You represent and agree that any and all information and material provided to SOG DERM are accurate and that you are the legitimate owner or otherwise are authorised and have the right to provide the same in accordance with these Terms. You further agree that, save as otherwise prohibited by the Personal Data Protection Act 2012 of Singapore and as expressly stated in our Personal Data Protection Policy, any such information and material (including but not limited to text, software, music, sound, photographs, video, graphics or other material) so provided becomes the sole property of SOG DERM, and that you shall have no rights of any kind in the same. To the extent that the same cannot be transferred to SOG DERM, you grant SOG DERM a perpetual, world-wide, royalty-free and non-exclusive licence to modify, use, display, distribute, sub-licence and publish the same for any purpose.
3.3
You agree that we may disclose and use your Personal Data for the purposes of fulfilling any orders or in connection with the sales of our products, particularly to third-party logistics providers or otherwise
4.
Products
4.1
We may at our sole and absolute discretion make changes to the Content on our Sites, particularly, in respect of the description, prices and availability of our products therein, and we may do so without first giving you notice of the changes. We shall use our best endeavours to ensure that the Content on our Sites, particularly the description and prices of our products, are accurate.
4.2
The products sold on our Sites are intended for personal use only, and not for resale
4.3
You agree that you, and not SOG DERM, are responsible for ensuring that our products are sufficient and suitable for your needs and meet your requirements. We do not warrant that our products will meet any needs and/or requirements. You further agree that our products are standard and are not customised to meet any specific needs and requirements that you may have.
4.4
We do not represent or warrant that our products and claims made in connection therewith on or through our Sites have been evaluated by the relevant health authority of your country
4.5
Our Sites are not intended to provide diagnosis, treatment or medical advice, and the Content therein is no substitute for advice from a physician or healthcare professional. Particularly, we do not recommend self-management of any health issues. Content on our Sites, including about our products, and links to third-party web sites and mobile sites are provided for informational purposes only and may be provided in summary form only. Please promptly consult with a physician or other healthcare professional regarding any medical or health-related questions and never disregard or delay medical advice based on anything you may have read on our Sites.
4.6
Notwithstanding anything on our Sites, you agree to always read the labels and packaging of our products prior to their use – where there are any discrepancies between these and our Sites, please contact us at customerexperience@sog.com.sg .
4.7
You agree that neither SOG DERM nor any of its representatives or affiliates will be liable to you under contract (or otherwise) for any losses, liabilities, costs, damages, charges or expenses arising out of or in connection with
4.7.1
the use or performance of our Sites or our products;
4.7.2
the delay or inability to use our Sites or our products;
4.7.3
any reliance on any statement, opinion, representation or the Content on our Sites or our products; and
4.7.4
otherwise arising out of the use of our Sites or our products.
5.
Orders and Cancellation Policy
5.1
Each order submitted by you constitutes an offer to purchase our products.
5.2
Orders will only be processed by us upon your full payment for the same (including but not limited to goods and services tax which we are required to collect, and delivery charges).
5.3
Orders are subject to our acceptance and may be refused at our sole and absolute discretion.
5.4
After we receive your order, we may choose to accept the same at our sole and absolute discretion, and if so accepted, you will receive an email confirmation from us.
5.5
Notwithstanding anything contained herein, please note that the fulfilment of any and all orders is subject to product availability – in the event that any of the products ordered is unavailable, we will notify the User by phone or email and arrange for a refund to be made.
5.6
You agree that there will be no cancellation of an order after delivery of the email confirmation by us
6.
Prices and Payment
6.1
Products and delivery fees are paid in conjunction with the order, along with goods and services tax which we are required to collect.
6.2
Prices shown on our Sites exclude any Delivery Taxes (as defined below) which are distinct from goods and services tax which we are required to collect, and may be levied in accordance with the laws and regulations of your country.
6.3
All product prices, other than those prices stated in Singapore Dollars (“SGD”), are estimates and indicative prices only and we do not guarantee accuracy thereof. Such prices are converted into your selected currency based on foreign exchange data provided by our third-party provider. You agree that we shall not be liable and/or otherwise responsible for any changes due to currency conversion rates used on our Sites.
6.4
When making payment, unless you have selected to pay in Singapore Dollars (particularly, when making payment via credit or debit card), additional charges (e.g. international transaction fees and/or foreign exchange conversion fees) may be imposed by your payment services provider (e.g. your bank and/or credit or debit card provider). We do not receive, and are therefore not responsible for, any such additional charges.
6.5
If you would like to pay by credit or debit card, SOG DERM will act solely as the marketer of the respective payment method and will provide the products to the customer. All complaints and claims for compensation will be handled by the payment services provider. With regard to payments made by credit or debit card, the payment services provider acts as the merchant of the product and the trade transaction takes place between the customer and the payment services provider. The payment services provider is also the recipient of the payment.
6.6
Payments may also be possible via certain online payment systems. These services will be offered via SOG DERM’s payment partners in accordance with their terms.
7.
Delivery and Self Collection
7.1
Delivery fees are calculated based on, amongst others, the shipping address and delivery method (e.g. standard or express).
7.2
We work with third-party courier partners to deliver your orders. Accordingly, you agree that any delivery dates or periods are only estimates, and we are not responsible for any delays in delivery. You further agree that we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising in connection therewith.
7.3
Where we make our products available internationally, and you submit such an international order, you agree:
7.3.1
when you purchase our products, you may be considered the importer of record, and you shall therefore comply with all laws and regulations of your country;
7.3.2
you are responsible for and shall pay all international shipping and handling charges, and such charges will depend on, amongst others, the value of your order and the shipping address; and
7.3.3
you may be subject to import and/or customs tariffs, duties and taxes (including goods and services tax, value added tax and such other applicable taxes) (collectively “Delivery Taxes”). Such Delivery Taxes may be levied once a shipment reaches your country. You shall be responsible for and shall pay all such Delivery Taxes for customs clearance. You agree that our third-party courier partners may collect Delivery Taxes from you and pay them on your behalf, and you agree to forthwith pay them such amounts at the time of delivery (otherwise, no delivery shall be made).
7.4
Subject to availability and at our sole and absolute discretion, self-collection of orders may be available at SOG’s participating clinics. Please refer to the list of participating clinics here.
7.5
Products delivered to you will become your property at the time you receive it provided that we have received full payment for the products. As soon as the product is delivered to you, you will become responsible for it and for any loss or damage to it thereafter.
8.
Returns and Refunds
8.1
We endeavour to ensure that all our products are of the highest quality. All products sold on our Sites are thoroughly checked and carefully packed before delivery.
8.2
Return of our products can only be arranged if they are damaged, expired or incorrect. All products must be returned in their original packaging and must be unopened and untampered with.
8.3
Upon delivery, you shall examine the order for damaged, expired or incorrect products. Requests for returns may only be made within seven (7) calendar days from the date of delivery. Please contact us at customerexperience@sog.com.sg for the same.
8.4
In the event that your order contains damaged, expired or incorrect products, and a request was duly made within seven (7) calendar days from the date of delivery, we will exchange the same. In such event, you shall be responsible for the return thereof, and bear the delivery fee. We shall not be liable for any losses, liabilities, costs, damages, charges or expenses as a result.
8.5
We may, at our sole and absolute discretion, provide a refund instead of an exchange.
9.
Force Majeure
9.1
We shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising from our failure to perform or for any delay in performance due to events outside our control (“Force Majeure Events”).
9.2
Force Majeure Events shall include, amongst others, the following:
9.2.1
strike, lockout or other forms of protest;
9.2.2
civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
9.2.3
outbreaks of disease, epidemics and pandemics;
9.2.4
fire, explosion, storm, flood, earthquake, collapse, or any other natural disaster;
9.2.5
inability to use trains, ships, aircraft, motorised transport, logistics delivery or other means of transport, public or private;
9.2.6
inability to use public or private telecommunications systems;
9.2.7
acts, decrees, legislation, regulations or restrictions of any government or public authority; or
9.2.8
failure or accident in maritime or river transport, postal transport or other type of transport
9.3
It shall be understood that SOG DERM’s obligations herein shall be suspended during the period in which a Force Majeure Event remains in effect and we may require an extension of the period to fulfil these obligations, particularly, that the fulfilment of orders shall be postponed by such length of time as may be reasonably necessary to compensate for the period in which a Force Majeure Event is/was in effect.
10.
Applicable Law
10.1
These Terms, the use of our Sites, orders placed through it and our products, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, shall be governed in accordance with the laws of Singapore, without giving effect to any principles of conflict of laws.
10.2
You agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms, the use of our Sites, orders placed through it and our products.
*Updated as of July 2020