These Terms and Conditions (“Terms of Use”) apply to Sophie’s Bionutrients website located at sophiesbionutrients.com. This website is owned and operated by Sophie’s Bionutrients Pte. Ltd. (“Company”, “we”, “us” or “our”).
We are a Singapore based food tech company using microorganisms like microalgae and patent pending technologies to produce sustainable and nutritious food ingredients (“Products and Services“).
By accessing and using any part of our website including any Products and Services provided thereunder, you unconditionally agree and accept to be legally bound by these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on our website by us, each of which is incorporated by reference and each of which may be amended and varied from time to time without notice to you. It is your responsibility to check these Terms of Use periodically for changes. If you do not agree to these Terms of Use, please do not access our website or use any of our Products and Services provided thereunder.
We may make changes to this Agreement or our policies relating to our Products and Services from time to time. Any changes to this Agreement or our policies relating to our Products and Services shall be effective upon an updated version being posted on our website. You agree that it shall be your responsibility to review this Agreement regularly and the continued use of our Products and Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS OF USE CONTAINED OR REFERRED BELOW BEFORE YOU ACCESS TO OR USE OUR PRODUCTS AND SERVICES. THESE TERMS OF USE WILL APPLY IN YOUR RELATIONSHIP WITH US IN RELATION TO SUCH ACCESS AND USE.
As a user of our Products and Services (“you” or “User”), you hereby agree that you do so upon these Terms of Use (as they may be revised by us from time to time).
You now acknowledge and declare that before making such request, you have had considered and evaluated the responsibilities and risks which may arise in using our Products and Services and you have taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks on your part.
TERMS AND CONDITIONS OF ACCESS TO AND USE OF OUR PRODUCTS AND SERVICES
These Terms of Use shall apply to our provision, operation and management of our Services and manufacture of our Products subject to any deletions, additions and changes which we may make from time to time.
Linkage to Third Party Website, Application and/or Platform
Each User acknowledges and agrees that we may at its discretion, link our Products and Services to any website, application or platform of any third party or allow any third party to advertise or provide its goods, services and facilities, subject to the Terms of Use set by us or imposed by the third party which may not be within our control. The User whose request for access to and use of our Products and Services shall (unless expressly agreed otherwise between us and the User), be free to make its own independent decision on whether to use our Products and Services or such other website, application or platform or such third party’s website, application or platform to acquire any goods, services or facilities from such third party. If the User decides to do so, the User shall be deemed to deal with such third party relating to such goods, services and facilities at the User’s own risk and expense. The User further agrees that in case of any contradiction or inconsistency between these Terms of Use and the terms and conditions imposed by such third party, these Terms of Use shall apply unless and to the extent we decide otherwise.
Age, capacity and information
The User must:
- where applicable, be not less than 18 years old and have the legal capacity to enter into contracts under Singapore law or must provide evidence satisfactory to us of the consent of its parent or lawful guardian if the User or the User shall be less than 18 years old;
- provide us with a copy of its identification or registration document and evidence of its current residential or business address, at our request; and
- give to us all other information (whether or not requested by us) which may affect our decision whether or not to permit or to continue to permit the User to have access to or to use of our Products and Services or on the terms and conditions of providing such access or use, and shall ensure the completeness, accuracy and currency of such information at all times.
Purpose of access to and use of our Products and Services
The User may have access to and use of our Products and Services for the purposes described by us, and for no other purpose.
Where applicable, the User shall, and shall ensure that its employees, agents and contractors shall, at all times comply with all requirements set out by us from time to time directly or indirectly relating to the use of our Products and Services, as they may be revised by us from time to time. Without prejudice to the generality of the foregoing, the User shall and shall ensure that its employees, agents and contractors (where applicable) shall conduct themselves in such a manner as shall not be fraudulent or unlawful and as may not cause loss, damage, injury, death, distress, offence, annoyance or inconvenience to us or any third party or as may subject us or its employees, agents or contractors (where applicable) to prosecution or action by any authority.
Non-warranty and waiver
We provide access to and use of our Products and Services “as is” and “as available” and we does not warrant the completeness, accuracy, availability, propriety, safety, security, reliability, quality, merchantability, fitness for particular purpose, timeliness or non-infringement of our Products and Services.
The User shall have access to and use of our Products and Services at its own risk.
User is not a partner, employee, agent or contractor
For the avoidance of doubt, it is agreed and declared by us that the User and/or any of its employees, agents and contractors are not intended to be and shall not be taken as partners, employees, agents or contractors of the Company.
Liability, indemnity and Insurance
The User shall be liable to the Company and its affiliates for any losses, damages, costs (including solicitor and client cost) and expenses suffered or incurred by the Company and/or its affiliates due to or arising from any failure by the User to observe and perform its obligations under these Terms of Use.
The User shall be responsible and liable for the actions and omissions of its employees, agents and contractors in their use or relating to their use of our Products and Services and for the actions and omissions of other persons who obtain access or use of our Products and Services through the User (whether or not with the knowledge of the User).
The Company and its employees, agents, contractors shall not be liable for any loss, damage or destruction of any property or any injury or death of the User or any third party (including but not limited to the User’s employees, agents or contractors) or for any demands, claims or proceedings against the User arising from or related to the User’s access to or use or purported use of our Products and Services due to any reason. Without prejudice to the generality of the foregoing, the User expressly waives and releases the Company and its employees, agents and contractors from any and all liability, claims or damages arising from or in any way related to or arising from the User’s access to or use of our Products and Services.
In no event shall the Company and its employees, agents or contractors be liable for any claim for emotional or psychological distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss.
In any event, such liability (if any) of the Company to the User or any third party shall not exceed the sum (if any) hitherto paid by the User to the Company for access and use of our Products and Services.
The User shall indemnify the Company and its employees, agents and contractors against all actions, claims, demands, losses, damages and costs and expenses (including their solicitor and client costs) for which they shall or may become liable to any third party in respect of the third party’s loss, damage or destruction of property, injury or death.
Termination
We may suspend for such period and upon such terms decided by us from time to time and/or if it so chooses at any time, may terminate the User’s access to or use of our Products and Services if we consider that the User or its employee, agent or contractor has failed to observe and perform its obligations under these Terms of Use or may or has contravened any applicable law, without prejudice to our rights and remedies in relation to any antecedent failure or contravention.
Confidentiality
The User may not, without the prior written approval of the Company, disclose to any third party nor use for the benefit of any third party, any information provided by the Company or relating to the Company or its employees, agents or contractors or our Products and Services which is not lawfully in the public domain or for any purpose other than for access to or use of our Products and Services in accordance with these Terms of Use.
Personal Data
The User shall at all times provide the Company with up to date data about itself that the Company may require in relation to the User, including its name, identification document, nationality, address, telephone number, race, gender, date of birth, email address and any other information about the User and its use of our Products and Services, as well as data relating to its health and diet history, religious or other similar beliefs (“Personal Data”), and hereby:
- agrees and consents to the Company and its employees, agents, and contractors collecting, processing and using Personal Data for the purposes of processing the User’s request for access to and use of our Products and Services and for the User’s access to and use of the same, and for the business and activities of the Company and its partners and sponsors (including for marketing, business or any other purposes in relation to the Company) and to fulfil any legal obligation of the Company, as well as for the following purposes:
- to exercise the Company’s rights and to perform the Company’s obligations under these Terms of Use;
- to develop, operate and enhance our Products and Services; and
- to notify, invite and/or consider the participation of the User in any event, promotion, activity, focus group, research study, contest, promotion, poll, survey or any production and to communicate with the User regarding its attendance thereat;
- agrees and acknowledges that the Company and its employees, agents and contractors may retain Personal Data which shall be securely stored and protected by the Company; and
- acknowledges and consents to receiving notifications from the Company.
Notwithstanding the foregoing, Personal Data shall at all .mes remain the property of the User.
In addition, please also refer to our Copyright Policy, which is to be read in conjunction with, and is deemed incorporated by reference, as part of these Terms of Use.
Intellectual property
We do not intend and shall not be taken as granting or transferring to the User, any intellectual property right of the Company. The Company owns all right, title and interest, including all related intellectual property rights, in and to our Products and Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User.
The User shall not, and shall not attempt to:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise reproduce, use, exploit or make all or any part of our Products and Services (including our trademarks) in any way;
- modify or make derivative works based on our Products and Services or to or for any other person or create internet “links” to our Products and Services or “frame” or “mirror” any service offered by us on our website or on any other server or wireless or internet-based device;
- reverse engineer or access our website in order to directly or indirectly in any way to:
- build a similar or competitive product or service;
- build a product using similar ideas, features, functions or graphics of our website; or
- copy any ideas, features, functions or graphics of our website;
- launch any automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of our website;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our website or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information of the Company without obtaining our prior written consent;
- remove any copyright, trademark or other proprietary rights notices contained in our Products and Services;
- use our website to:
- send spam or otherwise duplicative or unsolicited messages;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including materials harmful to any person or in violation of third party privacy rights;
- send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of our website;
- attempt to gain unauthorized access to our website or its related systems or networks; or
- impersonate any person or otherwise misrepresent their affiliation with a person and shall abstain from any conduct that could possibly damage the Company’s reputation or operations.
In addition, please also refer to our Copyright Policy, which is to be read in conjunction with, and is deemed incorporated by reference, as part of these Terms of Use.
Force Majeure
The Company shall not be liable for any failure to perform its obligations under these Terms of Use if the failure results from an event which is beyond the reasonable control of the Company and which results in the Company being unable to observe or perform on time its obligation.
Applicable law
The User and the Company shall comply with its obligations under all applicable laws.
Assignment and third parties
The User shall not but the Company may assign, transfer, sub-contract or delegate any of its rights, benefits duties or obligations arising under these Terms of Use without the prior written consent of the User. A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Chap 53B) to enforce any provision of the Act.
Invalidity or unenforceability
If any of these Terms of Use is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.
Waiver
Any delay or failure of the Company to enforce any of these Terms of Use shall not constitute a waiver of such term or condition.
Law
All matters related to or arising from these Terms of Use will be interpreted and governed by Singapore law.
Disputes
The Company and the User will endeavour to resolve any dispute between them arising out of or in connection with these Terms of Use and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, the Company may choose to refer the dispute on an exclusive basis for mediation in the Singapore Mediation Centre or for final resolution by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.
Last Updated: 6 August 2020
©2020 Sophie’s Bionutrients Pte. Ltd
Sophie’s Bionutrients Pte. Ltd., 41 Science Park Road, #04-05, The Gemini, Singapore Science Park 2, Singapore 117610.
Terms Of Use
These Terms and Conditions (“Terms of Use”) apply to Sophie’s Bionutrients website located at sophiesbionutrients.com. This website is owned and operated by Sophie’s Bionutrients Pte. Ltd. (“Company”, “we”, “us” or “our”).
We are a Singapore based food tech company using microorganisms like microalgae and patent pending technologies to produce sustainable and nutritious food ingredients (“Products and Services“).
By accessing and using any part of our website including any Products and Services provided thereunder, you unconditionally agree and accept to be legally bound by these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on our website by us, each of which is incorporated by reference and each of which may be amended and varied from time to time without notice to you. It is your responsibility to check these Terms of Use periodically for changes. If you do not agree to these Terms of Use, please do not access our website or use any of our Products and Services provided thereunder.
We may make changes to this Agreement or our policies relating to our Products and Services from time to time. Any changes to this Agreement or our policies relating to our Products and Services shall be effective upon an updated version being posted on our website. You agree that it shall be your responsibility to review this Agreement regularly and the continued use of our Products and Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS OF USE CONTAINED OR REFERRED BELOW BEFORE YOU ACCESS TO OR USE OUR PRODUCTS AND SERVICES. THESE TERMS OF USE WILL APPLY IN YOUR RELATIONSHIP WITH US IN RELATION TO SUCH ACCESS AND USE.
As a user of our Products and Services (“you” or “User”), you hereby agree that you do so upon these Terms of Use (as they may be revised by us from time to time).
You now acknowledge and declare that before making such request, you have had considered and evaluated the responsibilities and risks which may arise in using our Products and Services and you have taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks on your part.
TERMS AND CONDITIONS OF ACCESS TO AND USE OF OUR PRODUCTS AND SERVICES
These Terms of Use shall apply to our provision, operation and management of our Services and manufacture of our Products subject to any deletions, additions and changes which we may make from time to time.
Linkage to Third Party Website, Application and/or Platform
Each User acknowledges and agrees that we may at its discretion, link our Products and Services to any website, application or platform of any third party or allow any third party to advertise or provide its goods, services and facilities, subject to the Terms of Use set by us or imposed by the third party which may not be within our control. The User whose request for access to and use of our Products and Services shall (unless expressly agreed otherwise between us and the User), be free to make its own independent decision on whether to use our Products and Services or such other website, application or platform or such third party’s website, application or platform to acquire any goods, services or facilities from such third party. If the User decides to do so, the User shall be deemed to deal with such third party relating to such goods, services and facilities at the User’s own risk and expense. The User further agrees that in case of any contradiction or inconsistency between these Terms of Use and the terms and conditions imposed by such third party, these Terms of Use shall apply unless and to the extent we decide otherwise.
Age, capacity and information
The User must:
- where applicable, be not less than 18 years old and have the legal capacity to enter into contracts under Singapore law or must provide evidence satisfactory to us of the consent of its parent or lawful guardian if the User or the User shall be less than 18 years old;
- provide us with a copy of its identification or registration document and evidence of its current residential or business address, at our request; and
- give to us all other information (whether or not requested by us) which may affect our decision whether or not to permit or to continue to permit the User to have access to or to use of our Products and Services or on the terms and conditions of providing such access or use, and shall ensure the completeness, accuracy and currency of such information at all times.
Purpose of access to and use of our Products and Services
The User may have access to and use of our Products and Services for the purposes described by us, and for no other purpose.
Where applicable, the User shall, and shall ensure that its employees, agents and contractors shall, at all times comply with all requirements set out by us from time to time directly or indirectly relating to the use of our Products and Services, as they may be revised by us from time to time. Without prejudice to the generality of the foregoing, the User shall and shall ensure that its employees, agents and contractors (where applicable) shall conduct themselves in such a manner as shall not be fraudulent or unlawful and as may not cause loss, damage, injury, death, distress, offence, annoyance or inconvenience to us or any third party or as may subject us or its employees, agents or contractors (where applicable) to prosecution or action by any authority.
Non-warranty and waiver
We provide access to and use of our Products and Services “as is” and “as available” and we does not warrant the completeness, accuracy, availability, propriety, safety, security, reliability, quality, merchantability, fitness for particular purpose, timeliness or non-infringement of our Products and Services.
The User shall have access to and use of our Products and Services at its own risk.
User is not a partner, employee, agent or contractor
For the avoidance of doubt, it is agreed and declared by us that the User and/or any of its employees, agents and contractors are not intended to be and shall not be taken as partners, employees, agents or contractors of the Company.
Liability, indemnity and Insurance
The User shall be liable to the Company and its affiliates for any losses, damages, costs (including solicitor and client cost) and expenses suffered or incurred by the Company and/or its affiliates due to or arising from any failure by the User to observe and perform its obligations under these Terms of Use.
The User shall be responsible and liable for the actions and omissions of its employees, agents and contractors in their use or relating to their use of our Products and Services and for the actions and omissions of other persons who obtain access or use of our Products and Services through the User (whether or not with the knowledge of the User).
The Company and its employees, agents, contractors shall not be liable for any loss, damage or destruction of any property or any injury or death of the User or any third party (including but not limited to the User’s employees, agents or contractors) or for any demands, claims or proceedings against the User arising from or related to the User’s access to or use or purported use of our Products and Services due to any reason. Without prejudice to the generality of the foregoing, the User expressly waives and releases the Company and its employees, agents and contractors from any and all liability, claims or damages arising from or in any way related to or arising from the User’s access to or use of our Products and Services.
In no event shall the Company and its employees, agents or contractors be liable for any claim for emotional or psychological distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss.
In any event, such liability (if any) of the Company to the User or any third party shall not exceed the sum (if any) hitherto paid by the User to the Company for access and use of our Products and Services.
The User shall indemnify the Company and its employees, agents and contractors against all actions, claims, demands, losses, damages and costs and expenses (including their solicitor and client costs) for which they shall or may become liable to any third party in respect of the third party’s loss, damage or destruction of property, injury or death.
Termination
We may suspend for such period and upon such terms decided by us from time to time and/or if it so chooses at any time, may terminate the User’s access to or use of our Products and Services if we consider that the User or its employee, agent or contractor has failed to observe and perform its obligations under these Terms of Use or may or has contravened any applicable law, without prejudice to our rights and remedies in relation to any antecedent failure or contravention.
Confidentiality
The User may not, without the prior written approval of the Company, disclose to any third party nor use for the benefit of any third party, any information provided by the Company or relating to the Company or its employees, agents or contractors or our Products and Services which is not lawfully in the public domain or for any purpose other than for access to or use of our Products and Services in accordance with these Terms of Use.
Personal Data
The User shall at all times provide the Company with up to date data about itself that the Company may require in relation to the User, including its name, identification document, nationality, address, telephone number, race, gender, date of birth, email address and any other information about the User and its use of our Products and Services, as well as data relating to its health and diet history, religious or other similar beliefs (“Personal Data”), and hereby:
- agrees and consents to the Company and its employees, agents, and contractors collecting, processing and using Personal Data for the purposes of processing the User’s request for access to and use of our Products and Services and for the User’s access to and use of the same, and for the business and activities of the Company and its partners and sponsors (including for marketing, business or any other purposes in relation to the Company) and to fulfil any legal obligation of the Company, as well as for the following purposes:
- to exercise the Company’s rights and to perform the Company’s obligations under these Terms of Use;
- to develop, operate and enhance our Products and Services; and
- to notify, invite and/or consider the participation of the User in any event, promotion, activity, focus group, research study, contest, promotion, poll, survey or any production and to communicate with the User regarding its attendance thereat;
- agrees and acknowledges that the Company and its employees, agents and contractors may retain Personal Data which shall be securely stored and protected by the Company; and
- acknowledges and consents to receiving notifications from the Company.
Notwithstanding the foregoing, Personal Data shall at all .mes remain the property of the User.
In addition, please also refer to our Copyright Policy, which is to be read in conjunction with, and is deemed incorporated by reference, as part of these Terms of Use.
Intellectual property
We do not intend and shall not be taken as granting or transferring to the User, any intellectual property right of the Company. The Company owns all right, title and interest, including all related intellectual property rights, in and to our Products and Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User.
The User shall not, and shall not attempt to:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise reproduce, use, exploit or make all or any part of our Products and Services (including our trademarks) in any way;
- modify or make derivative works based on our Products and Services or to or for any other person or create internet “links” to our Products and Services or “frame” or “mirror” any service offered by us on our website or on any other server or wireless or internet-based device;
- reverse engineer or access our website in order to directly or indirectly in any way to:
- build a similar or competitive product or service;
- build a product using similar ideas, features, functions or graphics of our website; or
- copy any ideas, features, functions or graphics of our website;
- launch any automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of our website;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our website or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information of the Company without obtaining our prior written consent;
- remove any copyright, trademark or other proprietary rights notices contained in our Products and Services;
- use our website to:
- send spam or otherwise duplicative or unsolicited messages;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including materials harmful to any person or in violation of third party privacy rights;
- send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of our website;
- attempt to gain unauthorized access to our website or its related systems or networks; or
- impersonate any person or otherwise misrepresent their affiliation with a person and shall abstain from any conduct that could possibly damage the Company’s reputation or operations.
In addition, please also refer to our Copyright Policy, which is to be read in conjunction with, and is deemed incorporated by reference, as part of these Terms of Use.
Force Majeure
The Company shall not be liable for any failure to perform its obligations under these Terms of Use if the failure results from an event which is beyond the reasonable control of the Company and which results in the Company being unable to observe or perform on time its obligation.
Applicable law
The User and the Company shall comply with its obligations under all applicable laws.
Assignment and third parties
The User shall not but the Company may assign, transfer, sub-contract or delegate any of its rights, benefits duties or obligations arising under these Terms of Use without the prior written consent of the User. A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Chap 53B) to enforce any provision of the Act.
Invalidity or unenforceability
If any of these Terms of Use is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.
Waiver
Any delay or failure of the Company to enforce any of these Terms of Use shall not constitute a waiver of such term or condition.
Law
All matters related to or arising from these Terms of Use will be interpreted and governed by Singapore law.
Disputes
The Company and the User will endeavour to resolve any dispute between them arising out of or in connection with these Terms of Use and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, the Company may choose to refer the dispute on an exclusive basis for mediation in the Singapore Mediation Centre or for final resolution by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.
Last Updated: 6 August 2020
©2020 Sophie’s Bionutrients Pte. Ltd
Sophie’s Bionutrients Pte. Ltd., 41 Science Park Road, #04-05, The Gemini, Singapore Science Park 2, Singapore 117610.