Terms of service

TERMS & CONDITIONS

1. DISCLAIMER

The site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.

Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk.

These Terms & Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms & Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.

1. DEFINITIONS

 

• In these Terms & Conditions:

• "Account" means the OMNIYACHT Account that you will need to register for on the Site if you would like to submit an Order on the Site;
• “Agreement” means any agreement or contract between the Parties in the context of which OMNIYACHT undertakes towards the Customer to sell and deliver Products or services;
• "Business Day" means any day on which banks in Singapore are open for business, and which is neither (i) a Saturday or Sunday, nor (ii) a public holiday in Singapore;
• ”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
• "Contract" means your Order of a Product or Service in accordance with these Terms & Conditions which we accept in accordance with clause 6.2 below;
• "Customer" means any individual who places an Order on the Site, over the phone, email or in person;
• “OMNIYACHT” means OMNIYACHT PTE LTD., (Company Registration No.201600394G), trading as “OMNIYACHT”, “Omniyacht®”, www.omniyacht.co or www.ropes.sg.
• "Order" means the Order submitted by you to us to purchase a Product or Service from us;
• “Site”means website url(s): omniyacht.co, www.ropes.sg or a common online market place like Amazon, Lazada etc.
• "You" means the Customer who places an Order;
• References to "clauses" are to clauses of these Terms & Conditions;
• Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms & Conditions;
• Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
• References to "includes" or "including" or like words or expressions shall mean without limitation.

1. ELIGIBILITY

To place an Order with OMNIYACHT you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with OMNIYACHT only with involvement of a parent or guardian.

1. PROHIBITIONS

You must not misuse the Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Acts. In the event such breach occurs, OMNIYACHT will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

1. ENTIRE AGREEMENT

 

• These Terms & Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and OMNIYACHT and supersede any and all preceding and contemporaneous agreements between us. Any waiver of any provision of the Terms & Conditions will be effective if in writing and signed by an authorised signatory of OMNIYACHT.

 

• You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms & Conditions, except as expressly stated in the Terms & Conditions.

 

 

1. TERMS OF SALE

 

• Registration on Site

 

1. To place an Order on the Site, you must register with us by creating an Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
2. You shall not misuse the Site by creating multiple user accounts.

 

• Formation of a Contract

 

• The information set out in the Terms & Conditions and the details contained on the Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
• To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
• An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
• A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.

 

 

• Price and Payment

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.

1. Where applicable, prices are inclusive of GST and are in Singapore Dollars. Delivery costs will be charged in addition where applicable; such additional charges will be clearly displayed and included in our final invoice.
2. We are under no obligation to fulfill your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
3. You can pay using any of our payment options/partners listed on our Site (if applicable). For corporate customers, other payments options are available, subject to individual agreement.

 

 

• Colors

We have done our best to display as accurately as possible the colors of the products shown on our Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

• Promotions, Store Credits, and Gift Cards

          Promotions:

        Promotional offers and discounts are subject to availability and may be withdrawn or altered at any time without prior notice.

        All promotional offers are valid for the specified period mentioned during checkout or until stocks last, whichever comes first.

        Promotional discounts cannot be combined unless otherwise stated explicitly.

        We reserve the right to limit the quantity of items eligible for purchase under any promotion.

        Promotions may be subject to additional terms and conditions which will be communicated at the time of the offer.

    Store Credits:

        Store credits issued as a result of returns, cancellations, or promotions are non-transferable and can only be redeemed on this platform.

        Store credits are valid for a default period of twelve (12) months from the date of issuance unless stated otherwise.

        After the expiration date, store credits will be void and cannot be redeemed.

        Store credits cannot be exchanged for cash or transferred to another account.

        In the event of a refund, any portion of the payment made using store credits will be refunded back as store credits.

    Gift Cards:

        Gift cards purchased through our platform are non-refundable and cannot be exchanged for cash.

        Gift cards are valid for a default period of twenty-four (24) months from the date of purchase unless otherwise specified.

        Once expired, gift cards cannot be reactivated or extended.

        Lost or stolen gift cards cannot be replaced or refunded.

        Gift cards can only be redeemed for products or services available on our platform and cannot be used for purchasing additional gift cards.

    General:

        We reserve the right to cancel or suspend any promotion, store credit, or gift card due to unforeseen circumstances or misuse.

        Any abuse of promotions, store credits, or gift cards may result in the cancellation of the respective benefits and may lead to the suspension of the user's account.

        These terms and conditions are subject to change without prior notice, and the updated version will be effective immediately upon posting.

• Correction of Errors

While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is cancelled after your payment has been processed, we will issue a full refund to the original pay type.

• Mistaken Orders

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. We will try our best to process your request.

• Refusal of Order

We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.

We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.

 

1. DELIVERY

 

• We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the order confirmation).

 

• We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

 

• Upon delivery of the Product, you may be required to sign for delivery. You may contact our Customer Service Team at in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.

 

• Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

 

• We deliver in our standard packaging. Gift-wrapping is available upon request and is subject to additional charges.

 

• All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop at OMNIYACHT in the future.

 

• If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.

 

• When transporting goods across international borders, shipments are subject to duties and taxes as determined by customs in the destination country. These charges are Your responsibility and shall be solely born by the Customer.

 

• If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:

 

 

• charge you for any fee and other costs reasonably incurred by us; or
• no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 7.8 (a) above).

You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

1. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)

If you wish to cancel your Order please contact our Customer Service Team. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team.

3-rd party transaction fees, such as credit card fees are not refunded to us, and therefore will not be refunded to you (the Customer), unless the order has been cancelled due to our fault.

1. RETURNS AND EXCHANGES

 

• If you are not completely satisfied with your purchase, you may return the Product to us within thirty (30) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable).

We do carry some items that cannot be returned: items with expiration dates that have expired such as flares, charts, annual publications, ropes; items registered to the user such as boats, motors, EPIRBs, PLBs, SPOT, Class B AIS, life rafts; customized items such as rigging, and boat covers; computer software, electronics charts, carry-on air conditioners, and clearance items. For electronics we will help you contact the vendor for assistance or repair. We will first need to verify your purchase by receipt or other method.

This policy is applicable only to those products that do not fall under the definition of non-refundable brands/items.

Because of their specific application and use, sections of rope cut for your order are not returnable. If you have an unopened spool or other non-custom item, we can arrange a return if the product is in new condition. However, the refund is subject to a 25% restocking fee.

• You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.

 

• You may process returns through our logistics partners. For more details please refer to the ‘Returns’ section on our Site and feel free to contact us for further information.

 

• Your returned Products together with your return slip, are usually received and accepted at our warehouse within five (5) days after the drop-off at the post office counters. A refund shall be issued shortly after we receive your items.

 

1. COMPLAINTS & CONFORMITY

 

• All Product descriptions, information and materials are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.

• Tolerances: All Quoted or displayed diameters, weights & lengths are nominal and are subject to a plus or minus 5%. For tighter tolerances please contact us / specify in your Request for For Quote.

• Product image as seen on the Site or other provided media may slightly differ from the actual Product that you receive.

 

• At the time of delivery, or at least immediately thereafter, the Customer must investigate whether the nature and quantity of the Products comply with the Agreement. If, in the opinion of the Customer, the nature and/or quantity of the Products does or do not comply with the Agreement, it must immediately notify OMNIYACHT thereof.

 

• Complaints with regard to defects that are reasonably invisible or otherwise not recognisable at the time of delivery of the Products must be submitted in writing within seven days after the Customer became aware of the existence of the defect, or at least could reasonably have become aware of it, must have been submitted to OMNIYACHT, stating precisely the grounds to which the complaint relates.

 

• Contrary to the provisions of the preceding paragraphs of this article, a Customer can no longer rely on the fact that what has been delivered in the context of a consumer purchase does not comply with the Agreement, if the Customer has not complained to OMNIYACHT in this regard within two months after discovery of the defect by the Customer.

 

• If the Customer does not submit a complaint on time and in accordance with the provisions of the previous paragraphs, no obligation whatsoever ensues for OMNIYACHT from such a complaint by the Customer.

   

• In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

 

• OMNIYACHT only provides a warranty on the Products or services if and insofar as this is required by law; the mandatory legal rights and claims that Customers can assert against OMNIYACHT are not affected (conformity).

 

• A claim based on non-conformity lapses in any case if a defect in the delivered Product is the result of an external cause after delivery or another circumstance not attributable to OMNIYACHT. This is understood to include, but is not limited to, defects as a result of damage, natural wear and tear, molestation damage, incorrect or injudicious treatment, incorrect or injudicious use, and making changes to the delivered goods, including repairs or other types of restorations that have been carried out without the advance consent of OMNIYACHT.

 

1. NO WARRANTIES; EXCLUSION OF LIABILITY

 

• OMNIYACHT is not obliged to ascertain whether the products or services provided by us meet the (safety) requirements that are set for the use and application of the Products in the country of delivery and use, and does not accept any liability in this regard. The Customer is responsible for assessing whether the Products comply with the applicable laws and regulations for their application.

 

• OMNIYACHT is never liable for indirect damage/consequential damage, including damage as a result of defects in the Products, loss suffered, lost profit, and damage as a result of business interruption. Without prejudice to the other provisions of these terms and conditions, OMNIYACHT can only be held liable towards the Customer for direct damage suffered by the Customer as a result of an attributable shortcoming by OMNIYACHT in the fulfilment of its obligations arising from the Agreement. Attributable shortcoming is defined as a shortcoming that a good and diligent colleague can and should avoid while taking into account normal attentiveness and the necessary expertise and resources for the implementation of the services. Direct damage is exclusively understood to mean damage to the relevant Product itself, excluding any resulting damage.
• Should OMNIYACHT be liable for any damage, OMNIYACHT will have, at all times, the right to repair this damage. The Customer must give OMNIYACHT the opportunity to do so, failing which any liability of OMNIYACHT in this respect will lapse.

 

• The liability of OMNIYACHT is limited to a maximum of repair or replacement of the Products to which the liability of OMNIYACHT relates. If repair or replacement is not possible, the liability of OMNIYACHT is limited to a maximum of the invoice value of the Agreement, at least that part of the Agreement to which the liability of OMNIYACHT relates.

 

• Without prejudice to the expiry periods as referred to in Article 10, the limitation period for all legal claims and defenses against OMNIYACHT is one year. Contrary to the previous sentence, legal claims and defenses which are based on facts that would justify the assertion that a consumer purchase does not comply with the Agreement will lapse for the Consumer after two years.

 

 

• The Customer indemnifies OMNIYACHT against any claims from third parties who suffer damage in connection with the implementation of the Agreement and the cause of which cannot be attributed to OMNIYACHT. If OMNIYACHT should be subject to claims made by third parties, the Other Party is obliged to assist OMNIYACHT both inside and outside of court and to immediately do all that can reasonably be expected in such a case. Should the Customer fail to take adequate measures, OMNIYACHT shall be entitled, without notice, to do so themselves. All costs and damages on the part of OMNIYACHT and third parties caused as a result are fully at the expense and risk of the Customer.

 

• The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, OMNIYACHT and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

THE SITE (S) PROVIDED BY OMNIYACHT ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR THE SUITABILITY OF THE MATERIALS ON THE SITE FOR ANY PURPOSE.

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AND WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE CONTENT OR THE MATERIALS IN THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTHS PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

 

1. INDEMNITY

You agree to indemnify, defend, hold harmless OMNIYACHT, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms & Conditions.

1. GUARANTEE AND COMPLAINTS MANAGEMENT

 

• OMNIYACHT shall perform its obligations under these Terms & Conditions with reasonable skills and care.

 

• We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in these Terms & Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.

 

• In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries.

 

 

1. INFORMATION PROVIDED BY YOU

Any personally identifiable information you may provide to us via the Site or other means of communication is protected by the Privacy Policy associated with this Site. We do not want you to, and you should not, send any confidential or proprietary information to us via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to us including, without limitation, any comments, feedback, ideas, data, suggestions or the like regarding this Site, or submitted or offered in connection with your use of this site in connection with our products, services or other Materials (collectively, "Feedback"), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing any such information or materials, including Feedback, to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, know-how and/or Feedback that you or individuals acting on your behalf provide to us including, but not limited to, developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how and/or Feedback. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in our use, commercial or otherwise, of any Feedback. We shall be under any obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

1. PRIVACY

We realize that customers are concerned about how the information they provide online will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order and provide a more personalized shopping experience. Please read our Privacy Policy for more details.

 

1. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

 

• We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:

 

1. Strikes, lock-outs or other industrial action
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks
6. The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.

 

• In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.

 

• If we have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

 

• We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.

 

 

1. NOTICES

We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions.

Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

1. Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipients address within Singapore.
2. Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.

In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

• All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of OMNIYACHT or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by OMNIYACHT and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

• In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of OMNIYACHT in Singapore and other countries. OMNIYACHT's trademarks may not be used in connection with any product or service that is not provided by OMNIYACHT, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OMNIYACHT. All other trademarks not owned by OMNIYACHT that appear on the Site are the property of their respective owners.

 

• Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

• You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event OMNIYACHT becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.

 

• If you print, copy or download any part of our Site in breach of these Terms & Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by OMNIYACHT or its licensors.

 

 

 

1. ADVERTISING ON THE SITE

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority of Singapore.

1. LINKS TO THE SITE & THIRD PARTY SITES

 

• You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

• You must not establish a link from any Site that is not owned by you.

 

• This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

Third-Party Sites

As a convenience to you, we may provide on our Site links to websites operated by others. If you link to and/or use these other websites, you will leave this Site and please understand that we have no control over the content on those other website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms, trojan horses and other items of a destructive nature. We make no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of West Marine or any of its affiliates or subsidiaries.

1. NEWSLETTERS

 

Omniyacht will send newsletters to Registered Users. By accepting these T&C, the user allows Omniyacht to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Omniyacht.

 

 

 

1. WAIVER

No failure or delay by us or you in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms & Conditions or a Contract.

1. SEVERABILITY

If any clause in these Terms & Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

1. ASSIGNMENT

You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms & Conditions or a Contract or all or any of your rights or obligations under these Terms & Conditions or a Contract.

1. RELATIONSHIP

Nothing in these Terms & Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

1. THIRD PARTY RIGHTS

No person who is not a party to these Terms & Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms & Conditions or that Contract its assent to any such term.

1. GOVERNING LAW

These Terms & Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

1. VARIATION

We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions.

When you submit an Order to the Site, you agree that you do so subject to these Terms & Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms & Conditions each time you submit your Order.