LEGAL NOTIFICATION

 

Terms of Use – www.energeyes-eyewear.com

 

By accessing and using any part of the http://www.energeyes-eyewear.com Website and its Contents (the “Website“), you (the “User” or “you“) signify that you have read and unconditionally agree and accept to be legally bound by these Terms of Use, without any limitation or qualification.

These Terms of Use form a binding agreement between you and Optical Supply of Singapore (“Us”, “We” or “OSS”),

Without prejudice to any other rights under these Terms of Use, OSS reserves the right to take such action as it deems appropriate to deal with any breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you and seek all remedies available under applicable laws and in equity for such violations.

If you do not agree to the following Terms of Use, please do not use this Website.

 

1. Contents

The purpose of this Website is to provide information on OSS and to provide links to the group’s various websites.

All materials contained on this Website, including data, brands, patents, logos and as well as any other information available on or through this Website (the “Contents”), are owned by us, licensed to us and protected by copyright and other intellectual property laws.

 

2. Privacy

 

3. Restrictions on Use

This Website is an intellectual work protected by intellectual property legislation. Unless stated otherwise, the intellectual property rights attaching to the documents contained in the Website and each of the elements created for it are the sole and exclusive property of OSS.

This Website respects Authors' Rights. All rights of authors of protected works reproduced and conveyed on this Website are reserved.

The reproduction, display, distribution or any other use of the Contents on this Website is authorized solely for informational purposes in the context of personal, non-commercial and private use, provided that you keep intact all accompanying copyright and other proprietary notices relating to the Contents.

You may not:

• Copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any of the Contents on the Website for any public or commercial purpose whatsoever, without our prior written permission of OSS.

• Use any third parties’ likenesses, names, and/or properties without their express written permission.

• Send any material to the Website that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any applicable law.

We reserve the right to review, edit or delete materials you or others send to the Website at our absolute discretion, as well as cancel any registration(s) or account(s) on this Website at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs and we shall not be liable to you for such cancellation.

 

4. Ownership and Protection of Intellectual Property

All rights, title and interest in the Contents are owned by, licensed to or controlled by OSS, which grants no license or right other than that enabling access to the Website.

Subject to our Privacy Policy, any material you send to this Website will be deemed non-confidential and non-proprietary. This may include personal data including your name, address, age, contact details, telephone number, e-mail address, questionnaire answers, data, questions, comments, suggestions, ideas or any other information material or property charge by you with OSS.

You must only send material to the Website if you are the original author of the material or otherwise have the necessary rights to use such material.

For more information, please consult our Privacy Policy available on this Website.

 

5. Disclaimer

The Contents and materials on this Website are provided “as is” and to the fullest extent permitted by applicable law, OSS disclaims any representations or warranties of any kind whatsoever, expressed or implied, in relation to the Contents of this Website, to you or any third party, whether arising from usage, custom, trade or by operation of law or otherwise, including but not limited to any representations or warranties:

• as to the accuracy, completeness, correctness, reliability, currency, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this Website;

• that the Contents available through this Website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Website and the server is and will be free of all viruses and/or other malicious, destructive or corrupting code or program.

 

OSS shall also not be liable for any damage or loss of any kind whatsoever and howsoever caused, including but not limited to any special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software or any other property, whether arising directly or indirectly from:

• your access or inability to access and your use or inability to use this Website;

• any imprecision, inaccuracy or omission affecting the Contents made available on this Website;

• any delay or interruption in the transmission of the Contents of this Website, whether caused by delay or interruption in transmission over the Internet or otherwise; or

• any prejudice caused by the illicit intrusion of any third party, including when it could lead to modification of the Contents.

 

6. Indemnification

By using this Website, you agree to indemnify, defend and hold us and our related parties harmless, from any and all damages, costs and expenses including legal fees and costs arising from your use of this Website including any of the following:

• Any claims for infringement of intellectual property rights, libel, defamation relating to any materials you send to the Website;

• any activity relating to your internet account, including negligent or wrongful conduct by you or anyone else using the Website through your internet account;

• any breach of any provision of these terms and any other matters regarding the use of this Website by you or anyone else.

 

7. Other websites and hyperlinks

This Website contains hyperlinks to other websites, provided as a convenience to you as a User of this Website.

Such hyperlinks are not owned, maintained or controlled by OSS and the inclusion of hyperlinks on this Website does not imply endorsement by OSS of any third party website.

The use of hyperlinks and access to third party websites are solely and entirely at your own risk and OSS shall not be responsible for the contents, products, services or privacy policies relating to such third party website, as well as for any damages or loss arising from the access to those third party websites.

It is up to the User to independently assess the authenticity of any hyperlink and/or third party website (including those linked to through an email).

 

8. Jurisdiction

All matters relating to the Website including these Terms of Use are governed by the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singaporean courts for settlement of any disputes.

Internet users accessing the Website from locations other than in Singapore must ensure that they are complying with locally applicable laws.

 

9. Severability

If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

 

10. Changes

OSS reserves the right to modify the Contents, Terms of Use and any other information contained of this Website, at any time and at its sole discretion.

You are encouraged to visit the Website from time to time to ensure that you are well informed of our latest policies.

By continuing to use and browse this Website, you agree to be bound by the prevailing Terms of Use.

 

-See more at www.energeyes-eyewear.com

 

 

 

 

 

Privacy Policy – www.energeyes-eyewear.com

 

OSS respects the confidentiality of your Personal Data.

This Privacy Policy applies solely to information collected through the www.energeyes-eyewear.com Website (the “Website”).

The purpose of this Privacy Policy is to inform you (the “User” or “you“)  of how Optical Supply of Singapore, including its branches, associate offices and affiliates (“us”, “We”, “OSS”) collects, uses and discloses Personal Data which is subject to the Personal Data Protection Act (No. 26 of 2012) ("PDPA") of Singapore.

 

1. Definition

"Personal Data", as defined in the PDPA, refers to any data, whether true or not, about an individual such as your name, address, age, contact details such as telephone number, email address, passwords, medical records, photographs, video images, etc; who can be identified (a) from that data; or (b) from that data and any other information to which we have or are likely to have access to, including any data contained in our records, as updated from time to time.

 

2. Conditional Use of This Website

By accessing and using this Website and its contents, you agree and consent without any limitation or qualification to OSS collecting, using and disclosing your Personal Data in accordance with the provisions contained in this Privacy Policy, subject to applicable laws.

 

3. Terms of Use

 

4. Collection of your Personal Data

By registering on the Website, requesting information, submitting comments or participating in some game, promotion, etc, we may collect Personal Data.

Generally, OSS may collect Personal Data in various ways about you through this Website only when you voluntarily submit Personal Data, including:

• in the course of your engaging our services, or you providing documentation or information to us;

• when you communicate or interact with us via telephone, letters, fax, face-to-face meetings, our Website, emails or any other modes of contact;

• CCTV recordings while you are within our premises;

• when you attend a seminar or any other event organized and/or hosted by us;

• when you request that you be included in our emails or any other mailing list;

• when you submit an employment application or provide documents or information such as your resume,  from recruitment agencies or employment references;

• from public information sources, search services and other third parties; and

• when you submit your Personal Data to us for any other reason or any other feature of the Website.

If you do not wish your personal information to be collected, please do not submit it.

If you provide OSS with any Personal Data relating to a third party, by submitting such Personal Data to us, you also represent to us and must ensure that you have obtained the consent and have notified such third party of the terms of this Privacy Policy.

 

5. Use of your Personal Data

We may use your Personal Data:

• To respond to your questions and requests, to provide you with access to certain areas and features and to communicate with you about your activities on this Website.

• To share it with our related and associated companies (“Related Parties”) as required to perform functions on our behalf in connection with the Website (such as administration of the Website, promotions, marketing, data analysis, customer services, or other features on it);

• To provide you with product information or promotional and other offers from us or our Related Parties, so as to improve our services and communications to you;

• For other purposes set out when your Personal Data is collected or in any additional terms and conditions applicable to the particular features of the Website;

• For disclosures required by law, regulatory authorities or court orders;

• For the purpose of or in connection with legal proceedings or necessary for the establishment, exercise or defense of any legal or equitable claim; and

• In an emergency to protect the health or safety of the Website Users, the general public or in the interests of national security;

• For managing the security of our premises, facilities and technology infrastructure;

• For any other purpose relating to any of the above as we deem fit, provided that such use shall not be contrary to any law or regulation in force.

 

6. Disclosing your Personal Data

OSS respects the confidentiality of your Personal Data.

In that regard, OSS shall not disclose your Personal Data to any third party without first obtaining your consent permitting us to do so. Where we disclose your Personal Data to third party with your prior consent, we will employ our best efforts to require that such third party protects your Personal Data.

However, please note that we may disclose your Personal Data to third parties without first obtaining your consent in certain situations. For more information on the exceptions, you are encouraged to peruse Schedules II, III and IV of the PDPA, which is publicly available at http://statutes.agc.gov.sg.

Following your consent, OSS may disclose Personal Data:

• to Related Parties or third parties who provide operational or administrative services, such as courier services, telecommunications, information technology, payment, payroll processing, training, market research, storage, archival, client support services;

• to any relevant authorities, including professional regulatory bodies and/or law enforcement agencies, whether local or overseas;

• to the extent necessary to comply with any laws, regulations, rules, directions, guidelines and other similar requirements;

• where permitted under law, for external business and charity partners in relation to OSS’s promotional events and seminars; and

• to any other third party to whom you authorize us to disclose your Personal Data.

You further understand, acknowledge and agree that where you have requested and given consent to OSS transmitting your Personal Data outside of Singapore, your Personal data may therefore be exported to, processed and accessed in countries whose laws provide a different level of protection, which may not necessarily be comparable to that provided in Singapore.

 

7. Collection of additional information

When you browse and use our Website, you generally do so anonymously and we do not at our Website automatically collect Personal Data, including your email address unless directly provided by you.

You may however wish to note the following:

• Your IP Address

An IP address is a number that is automatically assigned to your computer when you are connected to the Internet.

When you visit our Website, your IP address is automatically logged in our server. We use your IP address to help diagnose problems with our server and to administer our Website.

From your IP address, we may identify the general geographic area from which you are accessing our Website; however, we will not be able to pinpoint the exact geographic location from which you are accessing our Website.

Generally we do not link your IP address to anything that will enable us to identify you unless it is required by applicable laws and regulations.

 

• Cookies

A cookie is an element of data that a website can store on your computer.

We use cookies in some parts of our Website to store user preferences and record session information and other technical information. This may also be used to help personalize services on our Website. Such information may include your type of Internet Brower or computer, the domain name of your internet service provider, the number of page visits and the character and duration of such visits.

Please note that we track the number of visitors to our Website.

Any material or information collected in this manner shall be deemed non-confidential and non-proprietary and we (or our designees) will be entitled to use any or all of the material in any manner without compensation to you, subject to applicable laws.

Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your Internet browser. However, your ability to use our Website or any features contained on our Website may be affect thereof.

Please refer to your Internet browser documentation to check if cookies have been enabled on your computer or for adjusting your Internet browser settings so as not to receive cookies.

 

8. Security of your Personal Data

OSS takes all reasonable efforts to ensure that your Personal Data is accurate and complete if your Personal Data is likely to be used by OSS to make a decision that affects you, or disclosed to any third party. However, OSS shall not be responsible for inaccurate or incomplete Personal Data arising from your omission and failure to update us of any changes in your Personal Data that you had initially provided to OSS.

OSS shall put in place measures such that your Personal Data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served; and (ii) such retention is no longer necessary for any other legal or business purposes.

OSS shall make appropriate and reasonable security arrangements to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your Personal Data.

However, subject to the fullest extent permitted by law, OSS disclaims any and all liability and responsibility for any damages you may suffer due to any loss, unauthorized access, misuse or alteration by any third party of any Personal Data you submit to this Website, which are wholly attributable to factors beyond our control.

 

9. Hyperlinks and Third Party Websites

 

Our Website may contain hyperlinks to other websites that are operated by third parties with different Personal Data handling practices and privacy policies.

The use of hyperlinks and access to third party websites are solely and entirely at your own risk and OSS shall not be responsible for the contents, products, services or privacy policies relating to such third party website, as well as for any damages or loss arising from the access to those third party websites.

It is up to the User to independently assess and to review the privacy policies of the websites linked from our Website.

10. Withdrawal of Consent, Access and Correction of your Personal Data

If you, at any time:

(a) have any questions or feedback relating to your Personal Data or our Privacy Policy;

(b) would like to withdraw your consent to any use of your Personal Data as set out in this Privacy Policy; or

(c) would like to obtain access and make corrections to your Personal Data records;

Please indicate in the subject header what is the nature of your query (e.g. If it is relating to an access request, you may insert the words "PDPA Access Request" in the subject header).

 

11. Jurisdiction

All matters relating to the Website including the present Privacy Policy are governed by the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singaporean courts for settlement of any disputes.

Users accessing the Website from locations other than in Singapore must ensure that they are complying with locally applicable laws.

 

12. Transfer of assets

During the course of its business, OSS may sell or purchase assets. If another entity acquires OSS or all or substantially all of our assets, Personal Data and non-personally identifiable information we have collected about the Users of the Website may be transferred to such entity. In the event any bankruptcy or reorganization proceeding is brought by or against OSS, such Personal Data or information collected on our Website may be considered an asset of OSS and may be sold or transferred to third parties.

 

13. Severability

If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

 

14. Changes

As part of OSS’s efforts to ensure that it properly manages, protects and processes your Personal Data, OSS reserves the right to amend the terms of this Privacy Policy as well as its Terms of Use and any other information contained on this Website, at any time and at its absolute discretion.

You are encouraged to visit OSS’s Website from time to time to ensure that you are well informed of our latest policies in relation to Personal Data protection.

By continuing to interact with us, you agree to be bound by the prevailing terms of this Privacy Policy, as so updated from time to time.

Any amended Privacy Policy will be posted on our Website and be freely available at www.energeyes-eyewear.com

 

 

 

 

Terms & Conditions of Sale - Purchasers & End-Consumers

 

Please read this Agreement carefully as it contains very important information about your rights and obligations, as well as limitations and exclusions that will apply to you as a trade purchaser (“Retailer”) and/or end-consumer (collectively as “Customer”).

These Terms and Conditions of Sale ("Agreement") govern your purchase and/or use of all goods, materials or services ("Product") of Optical Supply of Singapore (“Company”), whether or not purchased directly from the Company or indirectly through a Retailer; and you (“You”, “your”, “Customer”) hereby acknowledge and agree to be bound by this Agreement. If you do not wish to be bound by the terms hereof, please do not purchase or use the Product(s).

 All Products are purchased upon these terms and conditions and no other person in the employment of or as agent for the Company has any authority to modify or amend such terms and conditions whatsoever. This Agreement overrides and shall prevail over any other agreement, terms or conditions referred to by the Customer or in any course of dealing.

The Company reserves the right to revise these terms and conditions at any time. You should return to this site from time to time to check the then current legal terms and conditions, because they are binding on the Customer.

 

1. THE PRODUCTS

1.1 All samples, descriptions and illustrations in the Retailer’s catalogues, price lists and advertisements or otherwise communicated to the Customer shall not form part of this Agreement but shall be treated as being issued or published for the sole purpose of giving an approximate idea of the Products described in them, only unless otherwise stated. Sections 13 and 15 of the Sales of Goods Act are hereby expressly excluded.

1.1 The Customer is responsible for ensuring that the terms of its order and any applicable specification (if applicable) are complete and accurate, and shall determine the suitability of the Products for its own intended use. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company that is not set out in this Agreement. So long as the Products supplied are of sound commercial quality, there is no guarantee of their suitability for any specific purpose, even if that purpose is known to the Company.

 

2. PRICING

2.1 The price to be paid for the Products will be set out in the Company’s invoice (in relation to a trade Customer), or Retailer’s invoice (in relation to end-consumers), or (if no price is quoted) will be based on the Retailer’s price list prevailing at the date of delivery.

2.2 The Company reserves the right to make any adjustments to the price of the Product(s) for reasons including, but not limited to: i) an increase in the cost to the Company in supplying the Products, whether such increase results from higher costs of raw materials, labour, transport or overhead expenses, or any delay caused by instructions or requests from the Company or any of its affiliates, or from any other cause whatsoever.

 

3. ORDERS AND PAYMENT

3.1 The Company reserves the right to vary the method of payment and other details of the Product without notice.

3.2 If a trade Customer requests a variation to the order which the Company accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.

 

4. DELIVERY OF PRODUCTS

4.1 The Company shall use reasonable endeavours to deliver Products of acceptable quality to the delivery address specified by the trade Customers, but the Company shall not be liable for any delays in its delivery services if the delays are due to causes beyond its reasonable control. A trade Customer shall notify the Company immediately of a change to the delivery address and contact details.

4.2 The Company reserves the right to withhold delivery of the Products to a trade Customer if it has any doubts whatsoever as to the Customer’s credit worthiness or if the Customer does not effect payment by the Company’s stipulated deadline.

4.3 The Company shall not in any way be liable to compensate an end-user Customer in damages or otherwise for non-delivery or late delivery by the Retailer of the Products or any part of them for whatever reason or for any consequential loss.

 

5. ACCEPTANCE OF PRODUCTS

5.1 Save as otherwise provided in law, unless a Customer (either directly or indirectly through the Retailer) notifies the Company to the contrary within the period of six (6) months from the date of the Company’s delivery, the Products shall be assumed to have been in good condition at such date.

5.2 No Customer shall be entitled to withhold payment of all or any of the Prices of the Products to the Company whilst any claim is being investigated by the Company.

 

6. RETURN OR EXCHANGE OF GOODS

6.1 The Company shall use its best efforts to ensure that orders to trade Customers are correctly fulfilled. Should there be any discrepancy, please notify us.

6.2 Returns and exchanges of purchased Product(s) to any trade Customer can be arranged under the following circumstances:

(i) if any Product has been delivered in a damaged condition, or if a Product which was ordered and invoiced is not included in the delivery, the Company shall either refund the trade Customer the value of that Product or replace that Product;

(ii) if any Product which was not included in the trade Customer’s order is delivered to the Customer, the Company shall have the right to collect the Product from the trade Customer; or

(iii) if a trade Customer is charged more than the value of the Product, the Company shall refund to the Customer the difference.

6.3 All refunds will be made via the same mode of payment on which the original purchase was made.

6.4 The Company waives all and any responsibility for any Product that is lost, damaged, modified, or otherwise processed for disposal or resale due to failure from a Customer to follow the return or exchange instructions and policies provided under this Agreement.

 

7. TITLE AND RISK IN PRODUCTS

7.1 The Products are at the risk of the Customer from the time of delivery. Title to the Products shall pass to the Customer when all sums due or owing by the Customer to the Company on any account whatsoever (including debts arising before the date of this contract) have been paid in full.

 

8. TRADEMARKS AND ADVERTISING MATERIALS

8.1 For the purposes of this Agreement, “Trademarks” shall mean all and any trademarks, brands, logos, or trade names owned by the Company and/or any of its subsidiary, parent or affiliate company or for which any of them holds any rights (collectively referred to as “TM Proprietor”).

8.2 The Customer is expressly prohibited from using or reproducing the Trademarks in any manner whatsoever that will harm or bring such Trademarks into disrepute.

8.3 By using the Trademarks, the Customer shall be deemed as acknowledging that (i) the TM Proprietor is the owner of all rights, titles, and interests in the Trademarks, (ii) all use of the Trademarks inures to the TM Proprietor’s benefit, (iii) it shall not interfere with or challenge the TM Proprietor’s rights in the Trademarks, and (iv) it shall not bring the Trademarks into disrepute and shall ensure that it will not directly or indirectly reproduce or use any of the Trademarks.

8.4 Any advertising campaign which in any way mentions any of the Trademarks or features drawn from the TM Proprietor’s advertising must be submitted to the TM Proprietor, who shall have the right (i) to make any changes it may unilaterally decide to the said campaign, (ii) to determine at its discretion the manner of use of the Trademarks, and (iii) to reject the submitted commercial or advertising campaign if it appears incompatible with the image of the Trademarks.

8.5 In order to allow the TM Proprietor to verify such compliance, the Customer must submit (with sufficient lead time) all advertising campaigns to the TM Proprietor for its approval prior to launching them.

 

9. WARRANTY

9.1 To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability of any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.

9.2 No agent or representative of the Company is authorised to make any warranties, representations or statements regarding the Products and the Company shall not in any way be bound by any such authorised warranties, representations or statements.

 

10. LIMITATION OF LIABILITY

10.1 The Company’s liability (if any) whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or for any breach of the Company’s obligations under this Agreement shall not in any event exceed an amount equivalent to the price of the Products in question.

10.2 The Company shall not be liable for any loss or any duty owed to the Customer arising from any damage to the Products occurring as a default from the Retailer or after the risk has passed on to the Customer however caused, nor shall any liability of the Customer to the Company be diminished or extinguished by reasons such as loss of Products.

10.3 The Customer agrees that to the fullest extent permitted by law the Company shall not be liable to a Customer for any incidental, indirect, special or consequential damages or loss of any kind whatsoever, or be liable for any damage or loss caused by the Customer or other persons whatsoever, even if the Company has been advised of such possibility.

10.4 The Customer expressly acknowledges and agrees that the Company assumes no obligation or liability for any advice or information given with the Products and the Company shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer’s own risk.

 

11.  SALE AND EXPORT RESTRICTIONS

11.1 The Customers agrees and represents that it purchases the Products for its own personal use only, and shall not resale or export such Products.

 

12.  GOVERNING LAW

12.1 This Agreement between the Company and the Customer for the purchase of the Products shall be governed and construed in accordance with the Laws of Singapore and the Customer agrees to submit to the jurisdiction of the Singapore Courts in respect thereof.

 

13. GENERAL

13.1 If the performance by the Company of its obligations under this Agreement is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not)  beyond the reasonable control of the Company), the Company shall be excused from such performance to the extent of such prevention.

13.2 The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement without the prior written consent of the Company.

13.3 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Agreement shall not affect the validity and enforceability of the rest of this Agreement.

13.4 No forbearance or indulgence shown or granted by the Company to the Customer shall in any way effect or prejudice the right of the Company against the Customer or be regarded as a waiver of these terms.

13.5 A person who is not a party to this Agreement shall not have any rights to enforce the terms and conditions contained in this Agreement.

 

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