1. We are Courts (Singapore) Pte. Ltd. (UEN: 197301411C), a company incorporated in Singapore, with our address at 50 Tampines North Drive 2, Singapore 528766 ( "COURTS”, “we” or “us”).
2. These terms and conditions are applicable to goods purchased by you under our Absolute 0% programme ("Programme"). 3. You acknowledge and agree that the Programme is applicable to selected goods only, to be determined by us in our absolute discretion ("Qualifying Products"). We reserve the right to replace, remove or add to the list of Qualifying Products at any time, with or without further notice to you.
4. You have agreed to purchase from us, and we agree to sell to you, the goods as described in COURTS Online Checkout Page. Such purchase and sale of the goods is subject to approval by your payment processing service provider and any additional terms and conditions that they impose on you.
5. You consent for COURTS and its employees or agents (as applicable) to use the information, particulars or details provided by you to administer your account with us, process applications submitted by you, verify your identity, send you important notices (such as changes to these terms), request for feedback from you and for administrative or other internal purposes such as auditing, research and data analysis to improve our services, customer communications and programmes. You hereby confirm that you are authorised to disclose any personal data, particulars or details provided by you to any third party (including, without limitation, suppliers, logistics partners, credit bureaus, insurers and financial institutions) for the purposes of procuring the provision of services by such third party (including, without limitation, delivery of goods, product insurance, credit assessment, debt collection), obtaining credit and/or providing security or factoring, selling of receivables or any similar type of transaction, in connection with the Programme. Without limitation to the above, you understand that COURTS may collect, use and retain, and disclose to third parties, your NRIC / FIN / Work Pass details where COURTS is required or authorised to do so under law or it is necessary in the circumstances to accurately establish or verify your identity to a high degree of fidelity. Except as set out above, COURTS shall not disclose any of your personal data without your permission unless we are required to do so by law. You may contact us by email at Ecourts@courts.com.sg if you have any questions regarding the use or disclosure of your personal data by us.
6. You hereby acknowledge and agree that title to and property in, and risk of loss or damage to, all goods described in COURTS Online Checkout Page purchased by you shall pass to you if and when all instalments and other moneys payable by you to COURTS under this Agreement in respect of the use of such goods have been duly paid and you have not exercised any of your termination rights including those under these terms or under applicable law, but until that time such goods shall remain the sole property of COURTS notwithstanding that you are in possession of them.
7. You agree that the details contained in COURTS Online Checkout Page, and warrant that any information, particulars or details provided by you in connection with this Programme, are correct.
8. You acknowledge and agree that your right to possession of the goods described in COURTS Online Checkout Page shall be deemed to have commenced upon successful deduction of the Deposit (defined below).
9. You agree to pay to COURTS, by credit card, the deposit as set forth in COURTS Online Checkout Page (“Deposit”) on the date set out in COURTS Online Checkout Page, and the instalments set forth in COURTS Online Checkout Page (instalments) punctually at the times shown there, or at such other times as COURTS may notify to you. You hereby authorise COURTS and its personnel and agents (as applicable) to instruct your credit card issuer to debit (whether automatically or otherwise) your credit card account(s) with such payments and credit the same to COURTS’ account, notwithstanding that to do so may result in an overdraft or an increase of the overdraft on your credit card account(s).
10. In the event of default in payment on the due date of any payment or part payment thereof or the breach of any of your obligations hereunder or the occurrence of any other default or event by virtue of which COURTS’ rights, powers and remedies expressed or implied herein shall become exercisable, subject to applicable law:
(a) all the monies then remaining owing hereunder shall immediately thereupon or at any time thereafter at COURTS’ option become due and payable upon demand. You agree that if you fail to pay any sum on its due date or on demand if it is payable on demand, COURTS or any of our authorised representatives or agents shall be entitled at any time to collect such monies from you at your home address(es), work address(es) or other address(es) known to COURTS from time to time; or
(b) COURTS may terminate this Programme, and on such termination, you shall no longer be entitled to possession of the goods with our consent and neither party shall have any rights against the other, subject to:
(i) any of your pre-existing liabilities to COURTS; and/or
(ii) the arrears of instalments set forth in COURTS Online Checkout Page accrued due up to the date of termination, the cost of all repairs required to be done to the goods to put them in condition consistent with the performance of your obligations under the terms of this Programme, and damages (if any) for prior breach of these terms.
11. Notwithstanding clause 10 above, in the event of default in payment on the due date of any payment due hereunder or part payment thereof, you shall become liable to pay COURTS interest thereon at the amount specified in COURTS Online Checkout Page. You understand also that payment of the interest provided herein is payable both before as well as after judgment is given by any court or tribunal of competent jurisdiction and does not effect and in no way operates as a waiver of COURTS’ rights under clause 10 above. 12. In case of the occurrence of any Event of Default pursuant to clause 14 herewith, you acknowledge that COURTS reserves the right to seek all remedies and exercise all rights under the law and in equity for such Events of Default and breaches. For the avoidance of doubt, where COURTS exercises our rights in respect of any legal proceedings or suit of action against you to recover the goods:
(a) accessories or additions, or replacements or renewals of any part or parts of any of the goods which are now or may hereafter be supplied or acquired in connection with or attached to or installed in the goods shall be or become a part thereof; and
(b) you agree to indemnify COURTS against and pay to us on demand all expenses and legal costs (on a full indemnity basis) incurred in tracing the location of and/or recovering the goods if they are not at the address given by you to us.
13.You further agree:
(a) that, in the event that any new credit card account is issued to you in addition to/as replacement of/in lieu of the credit card account specified, these terms shall be deemed to apply to each such new credit card account (details of which you shall immediately inform COURTS in writing pursuant to clause 20 below) and you hereby authorise COURTS to debit (whether automatically or otherwise) each such new credit card account with all payments required to be paid under the terms of this Programme and credit the same to COURTS’ account, notwithstanding that to do so may result in an overdraft or an increase of the overdraft on each such new credit card account(s);
(b) to pay to COURTS upon demand any monies which you were required or deemed necessary to pay as a result of any failure by you to comply with any of your obligations under the terms of this Programme and any other expenses (including, without limitation, collection agent and administrative fees) we may incur in consequence or arising out of default by you including any expense legal or otherwise incurred by us in the exercise or attempted exercise of our rights consequent on default and including legal costs (on a full indemnity basis);
(c) no delay or omission or other indulgence granted to you shall operate as a waiver of our rights (save to the extent indicated by us in writing) in respect of any continuing recurring or subsequent breach by you;
(d) that, unless otherwise stated, amounts stated to be payable under or in connection with the terms of this Programme are exclusive of any goods and services tax, value added tax, sales tax or other similar tax which may now or hereafter be payable on such amounts or otherwise in connection with any goods and services supplied under the terms of this Programme. You agree to pay us the amount of such tax (where applicable);
(e) that we reserve the right to withdraw, suspend, cancel or terminate the Programme at any time; and
(f) that we reserve the right to disclose information about you or this transaction to any third party as we may think fit, in accordance with applicable law.
14. The powers upon default expressed herein shall be exercisable on the occurrence of any of the following events (“Events of Default"):
(a) you are in default in payment of the instalments or any part thereof or any monies due to be paid under the terms of this Programme, including where any credit card payment is not successfully effected pursuant to your authorization under the terms of this Programme for any reason;
(b) you commit or threaten to commit a breach of the terms of this Programme;
(c) legal proceedings, suit or action (whether criminal or civil) have been commenced against you;
(d) a bankruptcy application pursuant to the provisions of the Bankruptcy Act (Cap. 20) or other similar law has been presented against you;
(e) you are unable to pay your debts as they fall due, or you enter into any compromise or arrangement with any of your creditors;
(f) you become insane;
(g) if in the opinion of Courts, there has been a material change in the circumstances, which may affect your ability to fulfil your obligations under the terms of this Programme;
(h) any changes in the directives, regulations or laws of the Republic of Singapore that renders this Programme or its terms unlawful; or
(i) you have made a false statement as to a fact the truth of which you have warranted in the terms of this Programme.
15. You warrant and represent that:
(a) you are buying the goods described in COURTS Online Checkout Page for your personal use;
(b) no Event of Default has occurred and your entering of the terms of this Programme will not cause an Event of Default to occur; and
(c) your entering into of this Agreement and your performance of any obligations under it, will not be in breach of any other agreement to which you are a party.
The warranties and representations set out above shall be deemed to be repeated throughout the term of this Programme. 16. A certificate or other document signed by you as to the amount due to you hereunder at the date if such certificate or other document shall be prima facie evidence that the amount so certified was in fact due from you at the date of such certificate and it shall be accepted by you as final and conclusive.
17. In addition to any other mode of service available, we may serve any communication, any document in a court action, proceeding to be served by personal service or otherwise (including but not limited to a Writ of Summons, Statement of Claim, Statutory Demand under the Bankruptcy Act (Cap. 20), Bankruptcy Application, Notice of Adjourned Hearing of Bankruptcy Application) by post, delivery to or leaving it at your last known address(es) in our records. Such manner of service shall be deemed to be effective personal service even if it is returned undelivered:
(a) if sent by hand, at the time of delivery or when left at the address;
(b) if sent by ordinary or certified prepaid post to the address within Singapore, the following business day after posting;
(c) if sent by registered post to the address in Singapore, 2 business days after posting ; and
(d) if sent by ordinary, certified prepaid post or registered post to an address outside Singapore, 5 business days after posting.
18 (a) Any and all payments made by you may be applied and appropriated by us in such manner and order and to such accounts as we may select or determine at our absolute discretion notwithstanding any specific appropriation by you or any party making such payment.
(b) You hereby authorise us to, at any time without further notice or liability, combine or consolidate any one or more accounts which you may have with us and set-off or transfer any monies standing to the credit of such accounts in or towards the full or partial discharge of the total amount payable as specified in COURTS Online Checkout Page by you to us.
19. You agree that all instalments and the total amount payable as specified in COURTS Online Checkout Page must be settled in full and you agree that you shall not be entitled to any rebate or discount if you make early prepayments of any amount.
20. You agree to immediately inform us in writing of the following:
(a) your intention to reside outside Singapore; and/or
(b) any change in your particulars or other information which you have provided to us (including but not limited to your address or contact numbers or your credit card account details). You also undertake to immediately provide us with any information and/or document which we may require from you from time to time.
21. We may (but shall not be under a duty to) at our absolute discretion record all incoming or outgoing telephone conversations, and you hereby irrevocably agree to the use of such recordings and any transcripts thereof which we may produce for any purpose that we deem fit, including its use in any proceedings against you or any other party.
22. (a) Subject to applicable law, we shall not be responsible or liable to you in any way for the quality, delivery and performance of the goods and/or services paid under this Programme (including any goods or services sold, made available or introduced to you by us), and your liability to us under the terms of this Programme to pay to us the total amount payable as specified in COURTS Online Checkout Page shall not in any way be affected by any breach, withholding of payment or non-performance by us of our obligation to you of any dispute, counterclaim or right of set-off that you may have against us.
(b) In no event shall we be liable in contract or tort or otherwise for any indirect, incidental, special or consequential losses, damages or liabilities arising out of or in connection with the terms of this Programme.
23. Subject to applicable law, we may from time to time by notice to you amend the terms of this Programme, including without limitation provisions relating to the types or quantum of charges payable to us, and such amendment shall be binding on you from the date specified by us in such notice.
24. (a) These terms shall be governed by and shall be construed in accordance with the laws of the Republic of Singapore and you hereby submit irrevocably to the
non-¬exclusive jurisdiction of the Singapore courts.
(b) In these terms, the singular shall include the plural and where there are two or more of you (as Customer and co-applicant), you shall be bound to perform both your own and each other’s obligations under the terms of this Programme jointly and severally.
25. You shall be entitled to assign your rights under this Agreement and your rights and powers may be exercised by your nominees and assigns.
26. To the extent that any provision herein or any part thereof is prohibited by law or if any provision herein or any part thereof shall cause the terms of this Programme to be void, then that provision or that part shall be deemed to be severable from the remainder of the terms of this Programme and of no effect.
27. A person who is not a party to the terms of this Programme shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.
INTEREST RATE to be imposed for overdue instalments:
The interest charged will be [S$29.99] [for overdue instalment].
Where the instalments are overdue, Customer's payment plan under this Programme will be converted to Courts' FlexiPlans, and the following terms will apply to the extent that they are inconsistent with the terms of the Programme:
(a) Term Charge Rate : 15.99% p.a.
(b) Instalment Period : 12 months
(c) Processing Fees : $85 or 2.5% of the transferred balance whichever is higher
Upon such conversion:
• All outstanding payments hereunder shall be subject to the terms and conditions of Courts’ Flexi Plans.
• COURTS will notify you on the revised details regarding the instalment amount, due date, total payable etc. The Total Amount Payable will be re-calculated on the sum of arrears of instalments and interest charged on overdue instalments set forth in COURTS Online Checkout Page, together with the applicable processing fees on the above Term Charge Rate and Instalment Period.