Terms of service
By accessing our website https://www.makezbright.com/ "website", operated under PENGUIN SECRET AGENCY PTE. LTD. and its affiliates, even you do not use our Goods, you are agreeing to be bound by the following terms and conditions (the “Terms of”).
As used in these Terms of , “we”, “us” and “https://www.makezbright.com/” means the applicable Website Party. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Website reserves the right to update and change the Terms of Services by posting updates and changes to the Website. You are advised to check the Terms of Services from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the services. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of before you access Website and use any Goods.
SECTION 1 - ONLINE SITE TERMS
By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Goods for any illegal or unauthorized purpose nor may you, in the use of the, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Website does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to anyone for any reason at any time.
By using and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable to any website where the SUGAR is found. We may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. We does not have a duty to update information contained in the Website, and we will not be liable for any failure to update such information.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the , use of the , or access to the or any contact on the website through which the is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Please direct any legal questions to:
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE AND PRICES
Prices for our Goods are subject to change without notice.
We reserve the right at any time to modify or discontinue the (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the.
SECTION 5 - GOODS
We reserve the right, but are not obligated, to limit the sales of our Goods or s to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or s that we offer. All descriptions of Goods or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or made on this site is void where prohibited.
We do not warrant that the quality of any Goods, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Goods may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party."
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party."
SECTION 9 – ACCESS TO CONTENT
Please be aware that the majority of the content found on or through Website is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. We have the right to refuse to sell Goods to anyone under the age of 13. In case your provided information is not correct, you must solely be responsible for your own decision."
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in Website at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in Website or on any related website has been modified or updated."
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content including but not limited to following points: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses."
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly understand and agree that We disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the services. We disclaims any responsibility for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. We disclaim any responsibility or liability for any harm resulting from downloading or accessing any information or material through the services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. We make no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by us.
You understand and agree that any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Goods delivered to you through our services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall [company name], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of Goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of Goods posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law."
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless [company name] and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party."
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions."
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore."
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes."
SECTION 17 - PERSONAL DATABASE MANAGEMENT
SECTION 18 - PAYPAL PAYMENT
You are shopping on a merchant’s website (the “Merchant”). If you place an order for delivery to an address outside of the Merchant’s home country (an “International Order”), you are purchasing from Reach in the way we describe below. Depending on your location, “Reach” refers to With Reach (EU) Limited ÖU (registration #14571597, “Reach EU”), Reach Ltd. (“Reach Canada”), With Reach (Australia) Pty. Ltd. (“Reach Australia”), With Reach UK Ltd. (registration #08507554, “Reach UK”), or With Reach (USA) LLC (“Reach USA”).
If you place an International Order, the item(s) that you are purchasing will be sold by Reach to you. Reach is the “Merchant of Record” for your purchase. You will provide your payment information, shipping address, and any additional information required or requested to complete your order directly to Reach, and not to the Merchant, in order for Reach to process your payment and complete your order.
By placing an International Order on the Merchant’s website, you understand and agree that:
1. You are purchasing from, and providing your information to, Reach. Reach is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Reach may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.
2. If there is an error in the price listed for a product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Reach is entitled to contact you, correct the price, and/or cancel your order.
3. If Reach is able to successfully verify your payment information, payment details for your order will be processed by Reach as the seller of the goods to you as the Merchant of Record.
4. Once Reach processes your payment information and the transaction is verified, the items in your order will be provided to a carrier for shipment to you, and at that time ownership in the items will transfer from Reach, as the Merchant of Record, to you.
5. Reach will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.
6. Reach may refuse service, refuse to process or complete orders, remove or edit content, or cancel orders for any reason or for no reason, in its sole discretion.
7. If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
8. In some jurisdictions, Reach obtains payment processing services through affiliates or third-party service providers. In such instances, such affiliates and third parties are obligated under their contract with Reach to comply with strict privacy and data protection requirements.
Here are some other things to understand about your International Order:
Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
Billing. If you use a payment card or other electronic form of payment as your payment type, your bank or payment card statement will include a reference to “Reach” and the Merchant.
Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
Chargebacks, Fraud Prevention and Void Transactions. For your protection, Reach may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified
“ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.
Customer Service and Returns. Questions or concerns about your order may be directed to the Merchant or Reach. Reach will work with the Merchant as necessary to resolve your issue. If the Merchant allows for returns on International Orders, Reach will assist you in processing a return in accordance with the Merchant’s policy, including reimbursement for the original sales prices of returned products, if authorized by the Merchant. Reach may refuse any return requested if a restriction applies to the item for which the return is requested.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. This paragraph is not applicable to you if you reside in Quebec, Canada. REACH PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, REACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS DEPICTED ON OR ORDERED FROM THE MERCHANT’S WEBSITE, THE PROVISION OF REACH’S SERVICES, OR THE INFORMATION OR CONTENT DISPLAYED ON OR ACCESSIBLE VIA THE MERCHANT’S WEBSITE INCLUDING THE CHECKOUT PROCESS. YOU EXPRESSLY AGREE THAT YOUR USE OF REACH’S SERVICES IS AT YOUR SOLE RISK. REACH DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY PRODUCT IMAGES, DESCRIPTIONS OR SPECIFICATIONS PROVIDED ON THE MERCHANT’S WEBSITE. REACH WILL USE REASONABLE EFFORTS TO REQUIRE THE MERCHANT TO HONOUR THE LIMITED WARRANTIES FOR THE PRODUCTS SOLD TO YOU FROM THE MERCHANT’S WEBSITE, AND TO THE EXTENT REACH IS SUCCESSFUL, REACH
WILL PASS THOSE WARRANTIES THROUGH TO YOU.
NEITHER REACH, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OF DATA OR PROFITS, THAT MAY BE INCURRED OR RESULT IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) REACH’S SERVICES OR PRODUCTS PURCHASED THROUGH REACH, EVEN IF REACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT REACH IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF REACH’S SERVICES OR ANY PRODUCTS PURCHASED THROUGH REACH, REACH’S AGGREGATE LIABILITY SHALL NOT EXCEED $100 USD.
Intellectual Property. All content on the Merchant’s website, including in the checkout process, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of Reach, the Merchant, or their respective licensors, as may be applicable, and is protected by United States and international copyright laws. All designs, graphics, logos, page headers, button icons, scripts, and service names are trade-marks or registered trade-marks of the Merchant or Reach, as may be applicable, in the U.S. and/or other countries. Such trademarks may not be used without the prior written authorization of the Merchant or Reach, as may be applicable.
General Terms. The following general terms apply whenever you place an international order through the Merchant’s website:
1. **Compliance with Applicable Laws.**
You certify that any products purchased through an International Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. It is your responsibility to know the laws of the country into which you are importing any products that you order from the Merchant’s website. By placing an International Order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
The Merchant and Reach may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the merchant’s customer experience and/or the services provided by Reach. Any transactional data analyzed for these purposes will be aggregated and anonymized, meaning that any personally identifiable information will be removed.
1. **Electronic Communications.**
When you place an International Order through the Merchant’s website, you are communicating with Reach electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Reach electronically/via email.
You acknowledge that Reach may make changes to its system, policies, and these Terms of Service at any time. Reach will ensure that the current version of these Terms of Service is presented every time you make an international order on the Merchant’s website. You are responsible for reviewing these Terms of Service each time you make an international order. If you do not agree to any change in the Terms of Service, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms of Service.
If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
4. **Governing Law.**
If you reside in Canada (other than in Quebec), these Terms of Service are governed by and construed in accordance with the laws of Canada. If you reside in the province of Quebec, these terms of services are governed by and construed in accordance with the laws of Quebec and the laws of Canada applicable therein. If you reside in Australia, these Terms of Service are governed by and construed in accordance with the laws of Australia. If you reside in the US, these Terms of Service are governed by and construed in accordance with the laws of the US. If you reside in a country in the European Union, these Terms of Service are governed by and construed in accordance with the laws of Estonia. Otherwise, these Terms of Service are governed by and construed in accordance with the laws of England and Wales.
If you need to contact Reach, you may do so at <https://www.withreach.com/support/shopper-support>. Our addresses are:
Reach UK: 3 Lloyd’s Avenue, London, UK EC3N 3DS
Reach Canada: 2300, 150 9 Avenue SW, Calgary, AB T2P 3H9
Reach EU: Maakri 19, 10145 Tallinn, Estonia 10145
Reach Australia: 152 Elizabeth Street, Melbourne, Victoria, Australia 3000
Reach USA: Pier 26 Box 5 North “The Embarcadero”, San Francisco, CA 94105
Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of England and Wales and you hereby irrevocably agree to the jurisdiction of the courts in London, United Kingdom for all such purposes.
The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English. Les parties conviennent et exigent expressément que ce contrat et tous documents émis en vertu de celui-ci soient rédigés en anglais.