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TERMS AND CONDITIONS

 

Last Updated: 22 August 2023

 

PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE SERVICES PROVIDED BY GOLD GEAR MANAGEMENT PTE. LTD. AND ITS AFFILIATES (COLLECTIVELY “GOLD GEAR”) WHETHER AS A PARTICIPANT, PARTNER OR OTHERWISE. YOU ARE ADVISED TO FULLY UNDERSTAND YOUR OBLIGATIONS AND RISKS UNDER THESE TERMS BEFORE USING IT. IF YOU HAVE ANY CONCERNS WITH THESE TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFORE ENTERING INTO AND ACCEPTING THESE TERMS.

 

Unless otherwise specifically mentioned in these Terms, you will be deemed to have accepted and agreed to these Terms by:

(i) accessing www.vinophiliawines.com and all other related websites owned and/or operated by Gold Gear Investment Singapore;

(ii) agreeing to any other Documentation that references and/or incorporates these Terms; and/or

(iii) participating in Gold Gear’s Services (whether as a participant, partner or otherwise) on such date that you participate in such Services.

 

References to “you”, “your” and “User” shall refer to you as the person who is accessing the Website, where applicable, participating in any of Gold Gear’s Services (whether as a participant, partner or otherwise), and as the person who has accepted and agreed to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its relevant Affiliates (as a User) to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and are not permitted to use the Website.

 

These Terms shall include our Privacy Policy (accessible at www.vinophiliawines.com) and all other policies and documents published by us on the Website.

 

These Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms were last updated. You are encouraged to check for any updates to these Terms prior to your use of the Website. Your continued use of the Website constitutes your acknowledgement and acceptance of these Terms as changed from time to time.

 

  1. GENERAL DEFINITIONS AND INTERPRETATION

 

1.1 Definitions

“Affiliate”

Means any entity controlling, controlled by, or under common control with the reference entity, where the term “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.

 

 

​“Business Days”

A day (except Saturdays, Sundays and public holidays) on which commercial banks are open for business in Singapore.

 

“Content”

​Means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a device that appears on, or forms part of, the Website.

 

​​“Documentation”

Means any documentation (including guidelines, policies, rules and additional terms and conditions) provided or published by Gold Gear in connection with the relevant Services, or any other agreements in respect of any relevant Services.

 

“Gold Gear”

​Means Gold Gear Investment (Singapore)Pte. Ltd. and its Affiliates.

 

​​“Information”

Shall have the meaning ascribed to it at Clause 3.4(a).

 

“Intellectual Property Rights”

​Means all rights to copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, 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 benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

 

“Linked Site”

​Shall have the meaning ascribed to it at Clause 3.5(a).

​​“Services”

Means the sale of alcoholic products.

 

“Third Party Systems”

Shall have the meaning ascribed to it at Clause 3.5(b).

 

“Website”

Means www.vinophiliawines.com and all other related websites owned and/or operated by Gold Gear.

 

1.2 Interpretation

 

(a) The terms defined in Clause 1.1 and elsewhere in these Terms will have the meanings therein specified for the purpose of these Terms. Any reference to a Clause in these Terms is a reference to a clause of these Terms.

(b) Where applicable:

(i) references to the “Website” include all related applications and the Content and the Services, and references to “using” the Website include accessing and using the Content and the Services;

 

(ii) references to “Terms” are to these Terms and Conditions, as may be revised, amended or supplemented from time to time, which expression shall where the context so admits, include any one of them

 

(iii) the expression “written” or “in writing” means the representation or reproduction of words or symbols or other in-formation in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise.

 

(c) In these Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.

 

(d) No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Terms.

 

(e)Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).

 

(f) The headings used in these Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.

2. ABILITY TO ACCEPT THESE TERMS

 

2.1 - You affirm that you are (1) more than 18 years of age; (2) reached the legal age required in your country of residence to purchase and/or consume alcoholic beverages; and (3) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

 

2.2 - Gold Gear makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18 years of age. By using Gold Gear’s Services, you hereby represent and warrant that any person receiving alcoholic beverages from Gold Gear is over the age of 18.

 

3. WEBSITE TERMS OF USE

 

3.1 - You hereby acknowledge and agree that:

 

(a) Upon your use of the Website, you hereby acknowledge and agree that you will be solely responsible for understanding and complying with all legal obligations (including any employment or recruitment related legal obligations) applicable to you, and you are advised to seek independent legal advice. Gold Gear will not be responsible for any legal obligations or liabilities that may arise from your use of the Website, including such obligations that may relate specifically to your use of the Services.

 

(b) You shall be responsible for the accuracy and completeness of all instructions given to Gold Gear and Gold Gear is entitled to accept and rely on any instructions given by any person who is, or is reasonably believed to be, a person designated or authorized by you to give such instructions.

 

3.2 - In respect of Gold Gear, you hereby accept that:

 

(a) Gold Gear will use reasonable efforts to ensure that the Website is available at all times. However, Gold Gear cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. The Website may be unavailable during periods when Gold Gear is implementing upgrades or carrying our essential maintenance on the Website.

 

(b) Gold Gear makes no promise that the materials on the Website (including any information and/or content on the Website) are appropriate or available for use in locations outside Singapore. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

 

(c) Gold Gear may collect and use information about you in accordance with our Privacy Policy and pursuant to the Personal Data Protection Act 2012 (and any other applicable data protection laws), which can be accessed at www.vinophiliawines.com. To the extent that there is any conflict between these Terms and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned.

 

 

3.3 - Without prejudice to the general nature of the foregoing, Gold Gear reserves the right to revoke any access to the Website at any time at Gold Gear’s sole discretion, except to the extent otherwise expressly and specifically agreed with you. If Gold Gear terminates your access to the Website you will not have the right to bring claims against Gold Gear or with respect to such termination. Gold Gear shall not be liable for any termination of your access to the Website.

 

3.4 - Ownership of the Website

 

(a) The Website is expressly owned and operated by Gold Gear. Unless otherwise stated, the rights (including the Intellectual Property Rights) to the design and content features on the Website, including, without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Information”) are either owned by Gold Gear or licensed by Gold Gear from third parties.

 

(b) Any access or use of the Website and/or Services by a User and any Information properly given to the User, whether relating to the User or not, through the User’s access and use of the Website and/or Services, is granted subject to these Terms and pursuant to a limited, non-exclusive, non-transferable, non-sublicensable licence granted by Gold Gear, and is revocable at any time at Gold Gear’s sole discretion. Except for these rights expressly granted to a User, these Terms do not grant any User any rights or any licence by implication or otherwise with respect to any part of the Website, the Services or the Information.

 

(c) Save and except with Gold Gear’s prior written consent, the User may not mirror, frame, or hyperlink this Website, any part thereof, or any information or materials contained in the Website on any other server, site or webpage. The User may not use the Information for any commercial purpose, including without limitation, distribution, resale or display.

 

(d) Gold Gear reserves the right to modify, suspend or discontinue the Website or any features or portions thereof without prior notice. The User agrees that Gold Gear will not be liable for any such modification, suspension or discontinuance of the Website or any portions thereof.

 

(e) The Information on the Website are subject to change or removal without notice to the Users.

3.5 - Third party content, systems and transactions

 

(a) The Website may contain, and/or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties (collectively, the “Linked Sites” and each a “Linked Site”). Unless Gold Gear expressly say otherwise, the User should assume that these Linked Sites are not under the control of Gold Gear. Gold Gear assumes no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing the Linked Sites, or any actions taken in reliance thereon, and Gold Gear disclaims liability for any and all forms of loss or damage arising out of the use of the Linked Sites. Any link to the Linked Sites featured on the Website does not constitute Gold Gear’s endorsement, recommendation or verification of that Linked Site.

 

(b) Under no circumstances shall it be construed that, in case of the User’s access to and use of systems (including messaging systems), services, content, materials, products, applications or programs of any third party (“Third Party Systems”), Gold Gear is a party to any transaction, if any, between the User and such third party or that Gold Gear endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems accessible on the Website or through the Services. Gold Gear shall not be liable in any way for the User’s access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and the User agrees that the same shall be the User responsibility or that of the relevant third party.

(c) The User acknowledges and agrees that the User will be solely responsible for any access to or use of Third Party Systems through the Website or the Services. If the User accesses or uses any Third Party Systems through the Website or the Services, the User must comply with the relevant terms and conditions for the access or the use of such Third Party Systems and be responsible for the registration and use of any user names or passwords required to connect to any Third Party Systems. In particular, should access to and use of Third Party Systems through the Website or the Services be prohibited (whether in full or in part) by such third party terms and conditions, the User should discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.

 

(d) The User acknowledges and agrees that Gold Gear may, subject to the User’s authorisation, receive data from Third Party Systems for the purposes of performing the Services. The User hereby appoints Gold Gear as the User’s agent for the aforementioned purpose.

 

4. ORDERS ON THE WEBSITE

 

4.1 - Gold Gear recommends that the User carefully preview any proposed order before proceeding with the said order on the Website. The User hereby acknowledges and agrees that its order is an offer to purchase products from Gold Gear, and that there will be no contract of any kind between the User and the Customer unless and until Gold Gear has accepted the User’s order.

 

4.2 - If Gold Gear is unable to accept the order, Gold Gear will be informed of this and will not be charged for the products. This might be due to reasons including:

 

(a) Certain products being out of stock.

 

(b) The credit reference obtained from the User does not meet Gold Gear’s minimum requirements.

 

(c) Gold Gear having identified an error in the price or description of the goods.

 

(d) Gold Gear being unable to meet a delivery deadline the Customer has specified.

 

4.3 - Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site. Photos of actual products can be provided upon the User’s request if required.

 

5. PRICING

 

5.1 - Products on this Website are priced in Singapore Dollars (SGD) inclusive of Goods and Services Tax (GST) and apply strictly to items purchased online only.

5.2 - Prices are subject to currency and market fluctuations, changes in duty and GST as well as stock remaining unsold. Gold Gear reserves the right to adjust prices, offers, products and specifications of productions at our discretion at any time before (but not after) Gold Gear accepts your order.

 

5.3 - Promotional offers and prices are as stated, with no further discounts available. Where an end date is specified on any offer on the website, it is intended as a guide only. We reserve the right to change prices at any time.

 

5.4 - Unless otherwise stated, accessories shown in any image of the products are not included in the price.

 

5.5 - While Gold Gear will endeavour to ensure that all pricing information on this Website is accurate, an error may occasionally occur and products may be mispriced.  Where a pricing error is discovered, Gold Gear will, at its discretion, do either of the following:

 

(a) Contact you and enquire if you wish to cancel your order or continue with the order at the correct price; or

 

(b) Notify you that we have cancelled your order, for the avoidance of doubt, Gold Gear will not be obliged to supply products at the incorrect price.

 

6. PAYMENT

 

6.1 - Unless otherwise agreed by Gold Gear on a case-by-case basis, Gold Gear’s standard policy is to process payment at the time of ordering. All payments must be made in full prior to dispatch, including any applicable delivery or handling charges/taxes.

 

6.2 - Payment can be made as follows:

 

(a) Cash

(b) Paynow

 

(c) Credit or Debit Cards to be determined by Gold Gear from time to time;

(d) Telegraphic bank transfer to such bank account as may be designated by Gold Gear from time to time

(e) Such other payment mode to be determined by Gold Gear from time to time

 

6.3 - If full payment is not received within 3 Business Days from the date of the order, Gold Gear reserves the right to cancel the relevant order.

 

6.4 - The User accepts that payment made via respective payment gateway facilities accessible via the Website will be subjected to any additional terms and conditions of these payment gateway providers.

 

 

7. DELIVERY

 

7.1 - The following delivery terms and charges are applicable to online orders:

(a) We offer free shipping in Singapore for orders over $300 (excluding GST) or a minimum order of 6 bottles of wine in a single order whichever is higher.

(b)  For orders below $300 (excluding GST), there will be an additional charge of $20 for delivery.

(c)  Delivery will take 3-5 working days if orders are placed before 12 PM.

 

(d) In case of non-receipt of goods, please notify us within 5 working days from the date of dispatch mentioned on the invoice.

 

(e)  Please examine all goods upon receipt at delivery and notify us within 72 hours if the goods are not as ordered or damaged.

 

7.2 - The User shall be responsible for any and all customs duty payments, applicable charges as stipulated in the pricing for the said product and/or out-of-pocket expenses which may be payable and/or incurred in the retrieval, collection and/or delivery of the products. For the avoidance of doubt, any duties and/or Goods and Services Tax imposed by any country on any products shall be borne by the User.

 

7.3 - The Company may, at its sole and absolute discretion, refuse the delivery of the products, in situations including but not limited:

 

(a) The signature of the User not being verified to the satisfaction of the Company.

(b) Any outstanding fee being in arrears and unpaid or any sum is due and owing to Gold Gear from the User.

 

(c) The delivery of the product is prohibited by law.

 

8. SELF-COLLECTION

 

8.1 - The following terms and charges apply to self-collection of orders:

(a) For self-collection orders subjected stock location availability, please collect at the address and the timings below:

(i) Warehouse - Singapore Wine Vault, 6 Fishery Port Rd, Singapore 619747

(ii) Office - GOLD GEAR Investment, 38 Beach Road #06-12, South Beach Tower, Singapore 189767

Monday to Friday from 9am-12pm OR 1pm-5pm excluding public holidays.

 

(b) All items received after examination and collection will be strictly non-refundable and non-exchangeable.

9. CANCELLATION AND RETURN OF FAULTY PRODUCTS

9.1 - If Gold Gear does not provide confirmation on an order by the User within 3 Business Days, the User has the right to request for cancellation of the order.

9.2 - If any products ordered by the User arrives damaged or is not of acceptable quality, the User may have the damaged products replaced (with the same item) or refunded (if item is out of stock) with proof of purchase.

 

9.3 - Should either of the above occur, please contact Gold Gear’s Customer Service Team at enquiry@vinophiliawines.com. Gold Gear will endeavour to have the products replaced/refunded within 14 (fourteen) Business Days.

9.4 - To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. Any goods particularly alcohol product and wines at the following conditions will not be subjected for return and refund:

(a) Wines aged 10 years and above purchased, no returns for corked, tainted, or fatigued wines are purchased at the buyer's risk.

(b) Damaged goods, particularly torn labels & or crack bottles.

(c) Shortage or damage must be notified within 72 hours of receipt of goods.

 

10. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY

 

10.1 - In respect of the Services:

 

(a) Except as expressly stated in these Terms, Gold Gear does not give any representation, warranties or undertakings in relation to its Services and the products provided pursuant to the Services. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, Gold Gear will not be responsible for ensuring that its Services and the products pursuant to the Services are suitable for the User’s purposes.

 

(b) Save to the extent it is proven that any injury, loss or damage to the User is incurred due to or arising from the willful neglect or default of Gold Gear while the products were in Gold Gear’s actual custody and control, Gold Gear will not be liable for any direct, indirect, special, incidental or consequential injury, loss or damage whatsoever that may be caused to the User or any third party arising from, relating to and/or incidental to any act or omission by any party, including Gold Gear. For the avoidance of doubt, Gold Gear will not be liable for, without limitation:

 

(i) any deterioration or degeneration in the condition, appearance, quality or quantity of the products, including without limitation the liquid, corks, labels, capsules, storage cases and/or packaging;

 

(ii) any injury, loss, damage, misplacement, destruction, late delivery or non-delivery or unavailability of or to any products deposited and stored with Gold Gear howsoever caused; and/or

 

(iii) permitting access to the products to a person who is, or reasonably appears to be, a person designated or authorized by the Customer by virtue of the similarity of the signature provided by such person to the specimen signature of the designated or authorized person.

 

(c) The User shall indemnify and keep indemnified Gold Gear and its representatives, directors, employees, officers, servants and agents against all and any losses, damages, actions, proceedings, costs, claims, demands and/or liabilities which may be suffered or incurred by Gold Gear or asserted against Gold Gear by any person, firm or entity whatsoever, arising directly or indirectly from or in connection with the Customer’s instructions and/or the Services provided by Gold Gear.

 

10.2 - In respect of the Website:

 

(a) Gold Gear will not be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Website, or other content linked to the Website, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Gold Gear has been advised of the possibility of such loss or damages. If the User’s access and/or use of the materials, Information or the Services results in the need for servicing, repair of correction of equipment or data, the User shall assume all costs thereof. For the avoidance of doubt, the User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Website. Gold Gear will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information. The foregoing shall not apply in the case of fraud, gross negligence or wilful misconduct by Gold Gear.

 

(b) In no event will Gold Gear or its officers, directors, agents, and employees, be liable to the User for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the use of the Website or these Terms, even if Gold Gear has been advised of the possibility of such damages or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to the User.

 

11. GENERAL

 

11.1 - Term and Termination

 

(a) These Terms shall take effect from the User’s deemed agreement to be bound by these Terms and shall carry on until terminated (whether generally or in respect of a specific User or specific Users) in accordance with these Terms.

 

(b) Except as otherwise agreed in writing by Gold Gear, Gold Gear may terminate or suspend all or part of the Services without prior notice or liability if the User breaches the Terms.

 

(c) Any termination of these Terms shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.

 

(d) Upon termination of any Services in respect of a User, the User will, in respect of such terminated Services, immediately cease any and all use of and access to the Services. The User acknowledges that following termination it will have no further access to the Services, and that Gold Gear may delete any such data as may have been stored by Gold Gear at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.

 

11.2 - Survival

 

Clauses 10 (Disclaimers, Limitation of Liability and Indemnity) and 11 (General) will survive any expiration or termination of these Terms.

 

11.3 - Electronic Communications

 

(a) The User hereby consents to receiving communications from Gold Gear electronically, and Gold Gear shall communicate with the User by e-mail or by posting notices on the Website.

 

(b) The User hereby agrees and confirms that all agreements, notices, disclosures and other communications that Gold Gear provides to the User electronically shall satisfy any legal requirement that such communications be in writing.

 

(c) Unless otherwise informed by the User, Gold Gear shall communicate with any person who is, or appears to be from the office or institution by which Gold Gear was initially contacted, unless the User specifically requests otherwise.

 

11.4 - Relationship between User and Gold Gear

 

The User agrees that no joint venture, partnership, or employment or agency relationship exists between the User and Gold Gear as a result of these Terms and/or the User’s use of the Website.

 

11.5 - Assignment and Transfers

 

The Users shall not, without the prior written consent of Gold Gear, assign, novate, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorised assignment shall be null and void. Gold Gear may, at any time, freely assign, novate, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.

 

11.6 - Severability

 

If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.

 

11.7 - Waiver

 

Any failure or delay by the User or Gold Gear in exercising or enforcing any right or remedy contained in these Terms do not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise or enforcement at any subsequent time or times. Waiver of any right arising from a breach or non-performance of these Terms or arising upon default under these Terms shall be in writing and executed by the party against whom it is being enforced.

 

11.8 - Entire Agreement

 

Save as otherwise expressly agreed between the User and Gold Gear, these Terms constitute the entire agreement between the User and Gold Gear in respect of the subject matter of the provisions herein. These Terms shall supersede all prior communications, contracts, or agreements, written or oral, between the User and Gold Gear with respect to the subject matter of the provisions herein.

 

11.9 - Third Party Rights

 

The Contract (Rights of Third Parties) Act 2001 of Singapore shall not under any circumstances apply to these Terms and any person who is not a party to these Terms (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified, in these Terms) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce these Terms.

 

11.10 - Force Majeure

 

(a) Gold Gear shall not be in breach of these Terms, nor be liable for any failure or delay in the performance of any other obligations under these Terms arising from or attributable to acts events, omissions, accidents beyond its reasonable control, including but not limited to any of the following:

 

(i) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;

 

(ii) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

 

(iii) terrorist attack, civil war, civil commotions or riots;

 

(iv) nuclear, chemical or biological contamination or sonic boom;

 

(v) fire, explosion or accidental damage;

 

(vi) collapse of building structures, failure of plant machinery, machinery, computers or vehicles;

 

(vii) interruption or failure of utility service, including but not limited to electric power, gas or water;

 

(viii) any labour disputes, including but not limited to strikes, industrial action or lockouts;

 

(ix) any interruption to the Website or Services outside the reasonable control of Gold Gear; and/or

 

(x) acts of any government or authority.

 

(b) In the event that any such delay or non-performance continues for a period in excess of one hundred and twenty (120) days, Gold Gear shall have the right to terminate these Terms by giving the User fourteen (14) days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.

 

11.11 - Jurisdiction and Governing Law

 

The User agrees that these Terms shall be governed by, and construed in accordance with the laws of Singapore, and the User agrees to submit to the non-exclusive jurisdiction of the Singapore courts.

 

12. QUESTIONS

 

If you have any questions, please feel free to contact us via email on enquiry@vinophiliawines.com.  

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