GENERAL TERMS AND CONDITIONS
- YOUR AGREEMENT WITH AIRCONCHAMP
1.1. This AIRCONCHAMP online booking platform (“Booking Platform”) is operated by APACTRADE Pte Ltd. (UEN No. 201627087N), with its registered office at 1 Raffles Place, #19-61, One Raffles Place, Singapore 048616. This Booking Platform is provided solely to assist you in purchasing and booking AIRCONCHAMP cleaning service(s) for your vehicular air-conditioning, delivered by an authorized AIRCONCHAMP workshop (“AAW”). Under these general terms and conditions (“AIRCONCHAMP GTC”), AAW refers to a vehicular workshop authorised by AIRCONCHAMP to provide vehicular air-conditioning cleaning services using AIRCONCHAMP products(s) and service(s).
1.2. The terms “we”, “us”, “our” and AIRCONCHAMP refer to APACTRADE Pte. Ltd. The term “you” refers to the customer visiting the Booking Platform and/or using the Booking Platform to purchase AIRCONCHAMP cleaning service(s) for vehicular air-conditioning.
1.3. This Booking Platform is offered to you strictly on the condition of your acceptance of all of the AIRCONCHAMP GTC. By accessing or using the Booking Platform, and/or purchasing any cleaning service(s) for your vehicular air-conditioning, you agree to accept the AIRCONCHAMP GTC at all times. If you do not agree to any of the AIRCONCHAMP GTC, please do not use the Booking Platform and do not make any purchases on the Booking Platform. AIRCONCHAMP reserves the right to change the AIRCONCHAMP GTC at any time and your use and continued use of the Booking Platform is conditioned on your unmodified acceptance of any updated version of the AIRCONCHAMP GTC.
1.4. You acknowledge and agree that AIRCONCHAMP cleaning service(s) are only available for customary vehicle air-conditioning of standard two-seater or four-seater passenger cars legally operated in Singapore and with one standard cooling coil (otherwise known as an evaporator) which is directly accessible through the glove box or any other access point directly at or within the dashboard. AIRCONCHAMP cleaning service(s) are not available for any other types of vehicular air-conditioning, including, without limitation, vans, lorries, heavy goods vehicles or buses. If you require special or non-standard air-conditioning cleaning of your car, you may write to us on your cleaning requirements and we will advise further if we provide such service(s).
2. YOUR USE OF THE BOOKING PLATFORM
2.1. As a condition of your use of the Booking Platform, you represent and warrant that, at all times:
a) You possess the legal authority to create a binding legal obligation;
b) You will use this Booking Platform strictly in accordance with the AIRCONCHAMP GTC;
c) You will use this Booking Platform only to make legitimate purchases for yourself or on behalf of another person whom you are legally authorised to act for;
d) All information and personal data supplied by you on the Booking Platform is true, accurate and complete;
e) If you choose to create an online account or profile on the Booking Platform, you will safeguard your account information and be wholly responsible for any use of your account either by you or anyone other than yourself; and
f) You will not incorporate any part of the Booking Platform into any other website or otherwise implement or refer to AIRCONCHAMP products or services, without our prior written authorisation.
2.2. AIRCONCHAMP reserves the right to decline offering services to anyone and/or to deny access to anyone to this Booking Platform, at any time and without notice and without assigning any reason thereof.
3. YOUR PAYMENT OF FEES
3.1. The Booking Platform will indicate the total fees payable to AIRCONCHAMP for the cleaning service(s) for your vehicular air-conditioning (“Service Fees”). Once you click the “BOOK NOW” button on the Booking Platform, you agree that AIRCONCHAMP will immediately charge the Service Fee on your selected mode of payment. If your mode of payment shows signs of fraud or abuse, we reserve the right to request for additional information or to decline your purchase. If the payment transaction fails to proceed for whatever reason, neither AIRCONCHAMP nor any AAW nor any other party is obliged to provide you any cleaning or other service(s) whatsoever.
3.2. If you elect to have information about your bank account, credit card or any other payment methods stored on our Booking Platform for future transaction, please refer to our privacy statement on how we use, store and process your information.
3.3. Upon a successful payment transaction, AIRCONCHAMP will email you an electronic copy of a booking confirmation at the email address you have provided on the Booking Platform. You are required to present the booking confirmation either in its electronic or printed form to the AAW to verify your booking prior to the commencement of the cleaning service.
3.4. Upon a successful payment transaction, you further authorise AIRCONCHAMP to facilitate and/or liaise with the AAW on your behalf to arrange the cleaning service(s) for your vehicular air-conditioning, including making payment arrangements with the AAW. You further agree to accept reasonable terms and conditions of the AAW governing the AIRCONCHAMP cleaning service(s).
3.5. You are wholly responsible to pay for any goods and services tax (GST) imposed on the Service Fees and any applicable goods and services tax imposed will be indicated on the check-out page of the Booking Platform.
- NO SHOW BY YOU
4.1. If you wish to reschedule your cleaning service(s), you are required to reschedule directly with the Partner Workshop you selected on the Booking Platform no later than three (3) working days prior to the initial appointment.
4.2. If you fail to show up at the AAW with your vehicle for the AIRCONCHAMP cleaning service(s) on the booking date and time that you selected on the Booking Platform, you will be charged the full Service Fees. No refund (or part thereof) will be provided to you for the no-show, regardless of the reason.
- DISCLAIMER OF LIABILITY
5.1. AIRCONCHAMP does not guarantee the accuracy of, and disclaims any and all liability for any errors, inaccuracies or omissions relating to the information on the Booking Platform, including without limitation information on prices, description of cleaning service(s), contact details of AAW, service day and date and general service and/or product description. AIRCONCHAMP reserves the right to correct any information errors, including pricing information on the Booking Platform. AIRCONCHAMP reserves the right to cancel any booking made at an incorrect price and is not obliged to provide you the cleaning service(s) at the incorrect lower price even after we have sent you the booking confirmation.
5.2. AIRCONCHAMP disclaims all liability in relation to the delivery and/or quality of the cleaning service(s) purchased on the Booking Platform. Any and all aspects of the AIRCONCHAMP cleaning service(s) purchased on the Booking Platform are governed by the terms and conditions of THE AAW that you have selected on the Booking Platform. YOU ACKNOWLEDGE AND AGREE THAT AIRCONCHAMP is only PROVIDING A BOOKING SUPPORT SERVICE INCLUDING A PAYMENT HANDLING SERVICE. ANY AND ALL SERVICES AND ACTIVITIES CARRIED OUT AT AN AAW ARE SOLELY PROVIDED ON THE BASIS OF SEPARATE CONTRACT(S) BETWEEN YOU AND THE AAW WITHOUT ANY INVOLVEMENT OF AIRCONCHAMP WHATSOEVER.
5.3. AIRCONCHAMP makes no guarantee of the availability of specific booking slots, regardless of whether or not indicated on the Booking Platform.
5.4. AIRCONCHAMP makes no representations or warranties about the suitability of the cleaning service(s) listed on the Booking Platform for any purpose. All information listed on the Booking Platform are provided “as is” without representation or warranty of any sort. AIRCONCHAMP disclaims any and all representations, warranties and conditions, express or implied, that the Booking Platform, its servers or any email sent from the Booking Platform or us are free of viruses or harmful components. We further disclaim any and all representations, warranties and conditions, express or implied, in relation to the information listed on the Booking Platform, the cleaning service(s) listed on the Booking Platform, including any and all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title or non-infringement, including that the Booking Platform shall be free from infringement of any copyright, trademark or other intellectual property of third parties.
5.5. The AAW listed on the Booking Platform are independent contractors and are not agents, employees or representatives of AIRCONCHAMP. We are not liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any AAW or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. AIRCONCHAMP has no liability and shall not refund the Services Fees in the event the Partner Workshop delays, cancels or overbooks a cleaning service(s) or otherwise fails to deliver a service purchased on the Booking Platform. For the avoidance of doubt, the terms and conditions of the AAW shall apply in such circumstances.
5.6. AIRCONCHAMP shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in connection with your access or use of the Booking Platform (including any computer viruses, software, linked sites), whether based on negligence, contract, tort, strict liability, consumer protection laws or otherwise, and even if we have been advised of the possibility of such damages.
5.7. If, for whatever reason, we are found liable for any loss or damage which arises out of or in any way connected to your transaction on the Booking Platform, then the liability of AIRCONCHAMP shall in no event exceed the Service Fees paid by you for the respective transaction.
5.8. Notwithstanding the foregoing, AIRCONCHAMP does not, and does not attempt to, exclude or restrict any liability:
a) for death or personal injury resulting from negligence;
b) for fraud or fraudulent misrepresentation;
c) for any matter for which it would be illegal or unlawful for AIRCONCHAMP to exclude or restrict, or attempt to exclude or restrict, its liability or which is otherwise not permitted to be excluded or restricted under the applicable law.
b) for fraud or fraudulent misrepresentation;
c) for any matter for which it would be illegal or unlawful for AIRCONCHAMP to exclude or restrict, or attempt to exclude or restrict, its liability or which is otherwise not permitted to be excluded or restricted under the applicable law.
- INTELLECTUAL PROPERTY
AIRCONCHAMP is a brand owned by APACTRADE Pte Ltd. Any and all logos associated with AIRCONCHAMP are either registered trademarks or trademarks of APACTRADE Pte Ltd. (. Other logos and company names listed on the Booking Platform may be trademarks of the AAW. You agree not to use any of the logos (whether registered or unregistered) of AIRCONCHAMP or an AAW in an unauthorized manner or in any manner which would infringe AIRCONCHAMP’s and/or an AAW’s intellectual property rights (whether present or future).
- INDEMNIFICATION
You agree to defend and indemnify AIRCONCHAMP and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
a) you or on your behalf in excess of the liability described above; or
b) by third parties as a result of:
i) your breach of the AIRCONCHAMP GTC;
ii) your violation of any law or the rights of a third party; or
iii) your use of the Booking Platform.
ii) your violation of any law or the rights of a third party; or
iii) your use of the Booking Platform.
- MISCELLANEOUS TERMS
8.1. Our performance of the AIRCONCHAMP GTC is subject to the laws of Singapore and nothing contained in the AIRCONCHAMP GTC shall limit our right to comply with law enforcement or other government or legal requests or requirements relating to your use of the Booking Platform, or information provided to or gathered by us with respect to such use.
8.2. If any part of the AIRCONCHAMP GTC is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
8.3. If AIRCONCHAMP delays or fails to enforce any provision of the AIRCONCHAMP GTC at any time, we do not waive off our rights to enforce the same or any other provision(s) in the future.
8.4. The AIRCONCHAMP GTC constitute the entire agreement between you and AIRCONCHAMP with respect to the Booking Platform and our dealings and relationship with you. The AIRCONCHAMP GTC supersede any and all prior or contemporaneous communications, whether oral or written, between you and us, if any.
8.5. You may not assign or delegate your rights, duties or obligations under the AIRCONCHAMP GTC without our prior written consent.
8.6. Other than you and AIRCONCHAMP, no other party has any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the AIRCONCHAMP GTC. AIRCONCHAMP and you agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to any transaction carried out on the Booking Platform.
8.7. Any and all aspects of the AIRCONCHAMP GTC are governed by the laws of Singapore. For the avoidance of doubt, the law governing any payment transaction carried out on the Booking Platform shall be the laws of Singapore.
8.8. You agree that the exclusive jurisdiction of the Singapore Courts shall apply for any and all disputes arising out of or relating to the use of the Booking Platform or otherwise under or related to the AIRCONCHAMP GTC.