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TERMS & CONDITIONS

This document contains the terms and conditions (“Terms“) of use for products and services (the “Services“) offered by The Whisky Social Pte. Ltd. (“TWS“) at www.themaltaffair.com and any subdomain and/or subpage thereof (“The Malt Affair“).

By using the Services, which includes, without limitation, accessing, browsing and/or interacting with other users at The Malt Affair, you agree to comply with and be bound by these Terms, regardless of whether you buy products from the Online Store, are a contributor of content and/or information or otherwise. Use of the Services is restricted to persons aged 18 years and above. If you are below the age of 18 years, you must stop using/accessing the Services immediately.

TWS reserves the right to amend these Terms at its absolute discretion, and will post any such amended Terms on this webpage. By continuing to use the Services, you shall be deemed to have agreed to comply with, and be bound by, any such amended Terms.

To contact us with any questions on these Terms, The Malt Affair or the Services, please email us at info@themaltaffair.com.

It is your responsibility to read these Terms carefully. If you do not agree with any of these Terms, you must stop using/accessing the Services.

 

1. Interpretation

 

1.1 Definitions

These meanings apply unless the contrary intention appears:

“Buyer” means a person who purchases any products which are sold from the Online Store.

“Delivery Service” means the delivery service made available by TWS on The Malt Affair through one or more independent service providers, in the sole and absolute discretion of TWS.

“Intellectual Property” means all copyright, patents, trade marks and service marks, trade or business names, domain names, computer code or scripts, whether compiled or not in any computer language or program form, layout design rights, registered design publishing rights, design rights and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all rights, privileges and forms of protection similar or related to the above, including all renewals, revivals, reversions, extensions, continuations, divisions and re-issuances which may subsist anywhere in the world with the right to sue for past, current or future infringement, misappropriation or violation of any of the foregoing rights.

“Law” means all law (whether civil, criminal or administrative), common law, statute, subordinate legislation, treaty, regulation, directive, decision, by-law, circular, code, policy, rule, guideline, order, notice, demand, decree, injunction, resolution, judgment or resolution of a government, quasi-government, supranational, federal, state or local government, statutory, administrative or regulatory body, court, agency or association.

“Online Store” means the online retail store of The Malt Affair.

“Prohibited Materials” means any information, graphics, photographs, data and/or any other material that:

(a) contains any computer virus or other invasive or damaging code, program or macro;

(b) infringes any third-party Intellectual Property or other proprietary rights;

(c) is defamatory, libellous or threatening;

(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable Law; and/or

(e) is or may be construed as being offensive and/or otherwise objectionable, in TWS’s opinion.

 

 “Services” means products, services, information and functions which are provided or made available by TWS, including the Online Store.

“Terms” means these terms and conditions.

“The Malt Affair” means the internet domain at www.themaltaffair.com and any subdomain and/or subpage thereof.

“TWS” means The Whisky Social Pte. Ltd. (Company registration no.: 201703357C), a company incorporated in Singapore with its registered office at 6A Shenton Way #02-08A, Downtown Gallery, Singapore 068815.

 

1.2 Interpretation

References to a “person” in these Terms refer to any individual, company, corporation, firm, partnership, joint venture, association, organisation, state or agency of a state or other entity, whether or not having separate legal personality.

 

1.3 Number

The singular includes the plural and vice versa.

 

1.4 Headings

Headings and sub-headings are for ease of reference only and shall not affect the construction of these Terms.

 

1.5 Legislation

Any reference to any legislation (whether primary legislation or regulations or other subsidiary legislation made pursuant to primary legislation) in these Terms shall be construed as a reference to such legislation as the same may have been, or may from time to time be, amended or re-enacted.

 

2. Use of the Services

 

2.1 Age Limitation 

The Online Store may, from time to time, make alcohol available for purchase. TWS does not sell alcohol to persons under the age of 18, the legal drinking age in Singapore. By continuing to use the Services, you hereby represent that you are over the age of 18 and are not legally prohibited from purchasing and consuming alcohol in Singapore. In addition, you acknowledge and confirm that any delivery of alcohol purchased from TWS, whether through The Malt Affair or otherwise, will be received by a person over the age of 18.

 

2.2 Restricted Activities

You agree and undertake not to:

(a) use the Services (i) for any illegal purposes, (ii) in violation of any applicable Law, or (iii) for any purposes for which they were not designed or intended;

(b) obtain or attempt to obtain unauthorised access to, or otherwise interfere or disrupt, computer systems or networks connected to the Services;

(c) post, upload or otherwise transmit any Prohibited Materials through or using the Services;

(d) use or upload, or transmit through the Services any data, file, software or material or link that contains or redirects to, or which you have reason to suspect that contains or redirects to, viruses, damaging components, malicious code, trojan horses, worms or other harmful components which may impair, corrupt, damage and/or interfere with the Services or the operation of another person’s use of the Services and/or such other person’s computer or mobile device;

(e) use any scraper, bot, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;

(f) collect any information in respect of other users without their consent; and/or

(g) authorise, aid or abet anyone to do any of the foregoing.

 

2.3 Availability of the Services

You acknowledge and agree that the Services are made available by TWS at its sole and absolute discretion. The Services (or any part or segment thereof) may be modified, suspended or removed by TWS without prior notice or warning, and TWS will not be obliged to provide any reason or explanation therefor. TWS shall not be liable for any loss or damage caused or alleged to be caused by the modification, suspension or removal of the Services (or any part or segment thereof) by TWS under any circumstance.

 

2.4 International Use

TWS does not represent or warrant that any of the materials or content on The Malt Affair or the Services are appropriate or available for use in the jurisdiction you are located in. Your access to The Malt Affair and/or use or access the Services shall at all times be subject to you being solely responsible for compliance with any Law which may be applicable to you.

 

2.5 Personal Data and Privacy Policy

Your use of the Services shall be subject to the personal data and privacy policy of TWS, which is accessible at The Malt Affair.

 

3. Online Store

 

3.1 Photographs

The Online Store may, in some instances, use illustrative images rather than actual photographs of Products. Due to lighting, image compression and colour reproduction differences in photographic equipment, monitors or other devices, actual products may nonetheless appear different to photographs found in the Online Store. Additional information and photographs can be provided upon request.

 

3.2 Pricing/Availability

Product listings on the Online Store will include pricing in Singapore Dollars and information on availability. We make every effort to ensure that pricing and availability are reflected correctly on the Online Store, but there may be instances where products are inadvertently mispriced, or have been erroneously listed as being available. Where such an occurrence arises, we shall inform you as soon as practicable of the error and:

(a) provide you with (1) the correct price of your order;  and/or (2) information on availability of the product (which may include information on waiting periods, if applicable). Where the product is available, you may be permitted to proceed with your order at the correct price; or

(b) inform you that we have cancelled your order and will process a refund.

By placing orders for products on the Online Store, you acknowledge and agree that TWS has the sole and absolute discretion in determining whether to fulfil or cancel your order, and is not obliged to supply any products which had been mispriced or were unavailable.

TWS reserves the right to amend prices of any products offered on the Online Store or otherwise on The Malt Affair at any time without prior warning and TWS will not be obliged to provide any reason or explanation therefor.

 

3.3 Discounts/Offers/Promotions

TWS may, from time to time, provide discounts, offers and/or promotions however so called ("Promotions"), in connection with the Services. Any such Promotions are provided at TWS's sole and absolute discretion and may be withdrawn at any time without prior warning and TWS will not be obliged to provide any reason or explanation therefor.

 

3.4 Payment Service Providers

We currently leverage on payment services provided by Stripe Payments Singapore Pte. Ltd. and PayPal Pte. Ltd. for transactions performed on the Online Store. By using Services which may involve the engagement of services of one or both of these payment service providers, you will be bound by its/their privacy policies and terms of use.

We encourage you to read Stripe Payments Singapore Pte. Ltd.’s and PayPal Pte. Ltd.'s privacy policies and terms of use, which can be assessed at https://stripe.com/sg and https://www.paypal.com/sg/home respectively.

 

3.5 Making an Online Purchase

To place an order for a product on the Online Store, you shall need to perform the following steps:

1. Select product, quantity and add to cart

2. Checkout and make payment either with your preferred credit card or PayPal

3. Ensure valid and correct delivery address

Upon receipt of your order, you will receive an email acknowledging receipt of your order which, for the avoidance of doubt, will not constitute a legally binding agreement. TWS will process your order, which may involve checking for correct pricing/availability of stock. Upon receipt of payment and successful completion of the procession of your order, you will [receive a further email confirmation containing information on delivery and/or collection (if applicable).

 

3.6 Delivery

 All local (Singapore) deliveries will be made via our preferred courier partner. For local orders, do note there is no option of self-collection. We ship to more than a 100 countries worldwide, and all overseas shipments are handled by DHL Express. Shipping prices are indicated at the “Checkout” page.

You acknowledge and agree that delivery shall not be of the essence of your order.

You shall only own the Goods once they have been delivered to the address specified on your order and when the TWS has received payment for the Goods in full. All goods are considered to be delivered and received upon acceptance and acknowledgement of such delivery by anyone having actual, implied or ostensible authority to do so.

 

3.7 Payment of Taxes/Charges

All taxes or other charges imposed by law on products acquired from The Malt Affair including, without limitation, goods and services tax, surcharges, and/or duties levied by governmental or regulatory agencies in Singapore or otherwise, shall be borne by the purchaser solely, unless specifically required under law to be borne by TWS or any other person.

 

4. Intellectual Property

You acknowledge and agree that TWS is the owner of the Services and all intellectual property rights in connection therewith, unless otherwise indicated. Except as otherwise provided herein, your use of the Services do not grant you any intellectual property rights in and to the Services and such rights are hereby reserved and retained by TWS. You may not modify, use, sell or create derivative works of any part of The Malt Affair without the express written consent of TWS.

The Services may utilise third party software which is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use any Third Party Software which is utilised by TWS to provide the Services is subject to and governed by the terms and conditions of open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. Where there may be conflicts between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You acknowledge and agree that you shall not display or use our trademarks, service marks, trade names or any other intellectual property in any manner without the express written consent of TWS.

 

5. Disclaimer of Warranties

You acknowledge and agree that the Services and any content or materials on The Malt Affair are provided “as is”. TWS does not provide any warranty for/in connection with any information, data, uninterrupted access, security, accuracy, usefulness or fitness for any particular purpose. TWS does not warrant that the Services are free from errors or defects, or that any errors or defects will be corrected to your requirements or satisfaction, or at all. Your use of or reliance upon the Services is at your sole risk and you agree that any advice, information, results, data or recommendations whether written or oral, obtained by you through TWS and/or The Malt Affair shall not create any representation, warranty or guarantee.

TWS does not endorse, warrant or guarantee any products or services which are offered or provided by or on behalf of third parties through The Malt Affair or the Services.

 

6. Limitation of Liability

You acknowledge and agree that TWS, its affiliates or any of their respective directors, officers, employees or agents shall in no event be liable for any indirect, incidental, consequential, exemplary, special or punitive damages arising out of or in connection with, the use or inability to use or access the Services or any content or material on The Malt Affair, the conduct or use of the Services by other persons, whether any such damages were foreseeable or not.

Without limiting the generality of the foregoing, you acknowledge and agree that in no event shall TWS’s aggregate liability to you, whether under contract or tort or otherwise, arising from or in connection with your use or access of the Services or any content or material on The Malt Affair exceed $100.

 

7. Indemnity

You hereby undertake to TWS (for itself and as trustee for its relevant Indemnified Person (as defined below)) to, on demand, fully indemnify, defend and hold harmless on a continuing and after tax basis, TWS and its affiliates and any of its or such affiliate’s directors, officers, employees or agents (each an “Indemnified Person“) on demand against any and all demands, actions, liabilities, damages, losses, costs or expenses, joint or several or joint and several (including, without limitation, legal fees, all payments, costs, expenses and charges arising out of, in relation to or in connection with the investigation, dispute, defence or settlement of or response to any Claims (as defined below) or the enforcement of any such settlement or any judgment obtained in respect of any Claims and taxes (collectively, “Losses“), and claims (whether threatened, pending or actual), demands, actions, investigations, awards, proceedings or judgments (collectively, “Claims“) which are or may be suffered or incurred by or which are or may be instituted, made or alleged against such Indemnified Person (whether or not such Claim is successful, compromised or settled), directly or indirectly, based on, arising out of or in connection with the performance of TWS’s obligations under these Terms or otherwise in connection with your use of the Services or any action which may be brought against TWS in relation to your use of the Services.

You agree that you will reimburse each such Indemnified Person on a full indemnity basis for all costs, charges and expenses (including legal fees and any applicable GST or value added tax) incurred by such Indemnified Person in connection with investigating, disputing or defending any such Claims or Losses (whether actual, pending or threatened and whether or not any Indemnified Person is or may be a party to any such Claims) or exercise of any right of action. This indemnity will be additional to any liability which the TWS may otherwise have, and will be additional and without prejudice to any rights which such Indemnified Person may have at Law. The non-application of the indemnity to an Indemnified Person shall not affect the application of such indemnity in respect of any other Indemnified Persons.

 

8. Compatibility

TWS provides no warranty that the access and use of The Malt Affair and the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. You acknowledge and agree that compatibility and interoperability problems can cause or result in diminished performance or complete failure, and may result in permanent damage to your device. You acknowledge and agree that TWS and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability issues.

 

9. Miscellaneous

You and TWS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Further, it is not the intention to create any fiduciary relationship amongst you and TWS.

TWS shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations under these Terms, or for any inaccuracy, unreliability or unsuitability of the Services’ contents if this is due, in whole or in part, directly or indirectly to events or series of events in the nature of force majeure.

These Terms shall be binding on and enure to you and your respective successors and assigns except that you may not assign any of your rights or obligations hereunder.

If any provision of these Terms is held to be invalid or unenforceable, then such provision shall (so far as invalid or unenforceable) be given no effect and shall be deemed to be included in these Terms but without invalidating any of the remaining provisions of these Terms.

The failure to exercise or any delay in exercising a right or remedy under these Terms shall not constitute a waiver thereof or a waiver of any other right or remedy.

A person who is not party to these Terms, may not enforce its terms under the Contracts (Rights of Third parties) Act, Chapter 53B of Singapore, except that each non-contracting Indemnified Person referred to in clause 9 above shall have the right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce its rights under these Terms.

These Terms supersede any prior agreement, understanding or arrangement between you and TWS and constitutes the sole and entire agreement between you and TWS.

 

10. Law and Jurisdiction

These Terms and all matters arising from or connected with it are governed by, and shall be construed in accordance with, the laws of Singapore. You agree that the courts of Singapore are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counter claims) which may arise in connection with the creation, validity, effect, interpretation, or performance of, or of legal relationships established by, these Terms or otherwise arising in connection with these Terms and for such purposes irrevocably submit to the jurisdiction of the Singapore courts.

You agree that a judgment order of the courts of Singapore in connection with these Terms is to be conclusive and binding on you, and may be enforced against you in the courts of any other jurisdiction.

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© 2018 The Malt Affair is a company owned by The Whisky Social Pte Ltd with company registration number 201703357C.