Terms of service

 

Website Terms of Use (Singapore)

 

Welcome to Blank Tuna’s website. Blank Tuna’s website properties include blanktuna.com (the Site) and all Blank Tuna websites around the world that are associated with it. Blank Tuna Pte. Ltd. (Blank Tuna, we, us or our) is the owner and operator of the Site.

Please carefully read these Terms of Use (Singapore) (Terms of Use) and our Privacy Notice, which is incorporated into these Terms of Use by reference.

THESE TERMS OF USE APPLY WHEN YOU ACCESS AND/OR USE THE SITE. BY ACCESSING AND/OR USING THE SITE OR ANY PART OF IT, YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY THEM. PLEASE DO NOT ACCESS AND/OR USE THE SITE OR ANY PART OF IT IF YOU DO NOT AGREE TO THESE TERMS OF USE.

If you comply with these Terms of Use, you may use the Site for your non-commercial, nonexclusive, non-assignable, non-transferable, limited and personal use. You may not use this Site for any other purpose.

1. Information about Blank Tuna

Blank Tuna Pte. Ltd. is the owner and the operator of the Site. Our company registration number is 202418656H. Our registered business address and showroom are at 21 Bukit Batok Crescent, Wcega Tower #17-78 Singapore 658065. You can contact us at support@blanktuna.com.

2. General restrictions on use

This Site contains text, graphics, icons, images, illustrations, photographs, sounds, music, artwork, computer code, visual interfaces, user interfaces, slogans, product names, trademarks and logos, including but not limited to their design, structure, selection, coordination, “look and feel”, the user experience they evoke, flow and arrangements (together, the Content). As a visitor to our Site, you must follow these Terms of Use when accessing and/or using the Site and any of its Content. Your use of the Site must comply with applicable laws, regulations and generally accepted practices or guidelines. You may access the Site and its Content only through web browsers.

You agree that you shall not:
( a ) access the Site or any of its Content through any other interface or method other than through web browsers;
( b ) “page-scrape”, “spider”, “deep-link”, “robot”, “web crawl” or use any device or algorithm or method, automated or otherwise, to access, acquire, copy or monitor any part of this Site or its Content;
( c ) circumvent or attempt to circumvent our Site’s navigational structure or exploit the Site to access information that we hid from the public intentionally;
( d ) access any part of the Site, or any other servers, systems or networks connected to it (Blank Tuna Systems) without our written permission;
( e ) gain access or try to gain access to the Blank Tuna Systems whether by hacking, password “mining” or any other illegitimate means;
( f ) act to interfere with, disable or impair the performance or security of the Blank Tuna Systems, including but not limited to any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Blank Tuna Systems;
( g ) probe, scan or test the vulnerability of the Blank Tuna Systems;
( h ) breach the security or authentication measures of the Blank Tuna Systems;
( i ) collect any data or seek to discover the identity of any Site visitor or Blank Tuna customer for any purpose;
( j ) give any false information in your account details;
( k ) use another person’s identity without that person’s permission or misrepresent that you are acting on behalf of a person, entity or organisation; and
( l ) use the Site if we have suspended or banned you from using it

You shall not access and/or use the Site or any Content for illegal activity or in breach of these Terms of Use. Examples include but are not limited to:
( a ) using the Content to cause confusion to others about your relationship with us;
( b ) representing yourself as our authorised reseller or distributor when you are not; and
( c ) using the Content to make and sell counterfeit products, and others.

We do not authorise any person to act as our authorised distributor or reseller. Anyone who pretends to be one is infringing upon our rights, including our trade name, logo and trademark. We will seek redress to the full extent of the law, including and up to criminal prosecution.

3. Content

We own or have the rights to all the Content and its related intellectual property rights. You have no rights in or to the Content other than to use them according with these Terms of Use. We do not allow use of the Site or its Content outside of the permitted scope defined by these Terms of Use. You should be aware that violating intellectual property laws may lead to criminal prosecution that culminates in jail time.

You shall not copy, reproduce, modify, broadcast, perform, republish, upload, post, publicly display, encode, translate, transmit, mirror or otherwise distribute, or create derivative works from, any part of the Site or Content, or otherwise exploit any of them for any commercial use without our prior written consent.

You agree not to use the Site for any purpose or in any manner that is unlawful or infringes our or any third party’s intellectual property rights. You may not remove or alter any copyright, trademark or any other proprietary notice from any part of the Site or any Content. If you download materials from our Site, they shall only be for your personal and non-commercial use. You shall not alter such materials and you shall keep all copyright, trademark and other proprietary notices intact.

Please do not submit any unsolicited idea, work, material, proposal, suggestion, artwork, content or the like (User Content) to us. If you do, you agree that you grant us and all of our subsidiaries and affiliates a worldwide, irrevocable, perpetual, transferable (through multiple tiers of transfers) license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content without any compensation to you. We will be able to share User Content publicly without having to acknowledge any rights that you might have in such User Content.

4. Other terms and conditions

If you decide to make a purchase on the Site, our Sale Terms will also apply to you in addition to these Terms of Use and our Privacy Notice. You should read the Sale Terms carefully before you make any purchase.

Additional terms and conditions may also apply when you participate in any contests, giveaways or promotions featured on specific parts of the Site (Other Terms), which are incorporated into these Terms of Use by reference. You agree to comply with these Other Terms where applicable. In the event of any inconsistency between these Terms of Use and the Other Terms, the Other Terms shall prevail with respect to that specific part(s) of the Site.

5. Errors, inaccuracies and omissions

We strive to ensure that the information on our Site is correct at all times. However, mistakes sometimes do occur. We reserve the right to correct any errors, inaccuracies or omissions on the Site without informing you.

6. Account security

We do not require you to register for an account to access or use the Site. You may however choose to register an account to store your information and contact details.

By registering an account on the Site, you represent and warrant to us that:
( a ) you are at least 18 years of age;
( b ) if you are not above 18 years of age, that you have obtained consent from your parent or guardian or you are under the supervision of your parent or guardian;
( c ) you are using your actual identity; and
( d ) the personal data that you have provided to us is true and accurate and that you shall maintain and promptly update such personal data to ensure a true and accurate record.

When you register an account on the Site, you must provide an email address, which will be used as your username, and a password. You must keep your account login details and your password secret, safe and secure at all times. We shall not be liable if a third party obtains unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account.

7. Privacy

Your privacy is important to us. We may collect and process your data in accordance with the privacy practices described in our Privacy Notice. If you have questions about the treatment of your personal data, please write to hello@blanktuna.com.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. This is the case even if we inform you that a particular transmission (for example, credit card information) is encrypted. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

8. Linked websites

The Site may contain links to other independent third-party websites (Linked Sites). Linked Sites may use our website logo or style due to a co-branding agreement. These websites may set cookies on your browser. They may collect your personal data and make use of that data in ways that we do not. We have no control over Linked Sites and are not responsible for their contents. Our inclusion of these Linked Sites does not in itself constitute or imply any endorsements, sponsorship or recommendation of the material on such Linked Sites or any association with their owner and/or operators, unless expressly stated otherwise. We shall not be liable for any loss, damage, expense, costs or liability whatsoever incurred by you as a result of you entering into any contracts with these Linked Sites. These Terms of Use do not apply to our Linked Sites and you are to determine for yourself how to interact with these Linked Sites.


9. Disclaimers

WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. WE MAKE NO ASSURANCES THAT WE WILL CORRECT ANY DEFECT OR THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS. THE SITE AND ITS CONTENT IS DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO PROMISES THAT ANY DATA OR FILE YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, APPLICABILITY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKE, ERROR, OMISSION, INFRINGEMENT, DEFAMATION, FALSEHOOD OR OTHER MATERIAL OR OMISSION THAT MIGHT OFFEND OR OTHERWISE GIVE RISE TO ANY CLAIM OR COMPLAINT. WE SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT, YOUR ONLY REMEDY IS TO STOP USING AND/OR ACCESSING THE SITE. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN YOU AND BLANK TUNA.

To the maximum extent allowed by applicable laws, our disclaimers apply broadly to any and all damages, liability, injuries and losses that may be caused by any error, omission, interruption, defect, network delay or failure, failure of performance, virus, theft, destruction, unauthorised access or alteration, breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following for any reason at any time without informing you:
( a ) modify, suspend or end the operation of or access to any part of the Site;
( b ) modify or change any part of the Site and its Content, and any of the policies or terms of the Site;
( c ) interrupt the operation of any part of the Site to perform routine or non-routine maintenance, correct errors or make other changes; and
(d) deny or restrict anyone’s access to this Site or any other Blank Tuna website or platform without notice or the need to provide any reason whatsoever

10. Limitation of liability

By accessing and/or using the Site, you acknowledge and accept that your use of the Site is at your own risk.

We do not exclude or limit our liability to you where it would be unlawful to do so. In all other cases, we shall not be liable to you for any consequential, special, indirect, incidental or punitive damages, including loss of profits arising out of or in connection with any use of, access to, or inability to use or access the Site, even if we are aware of the possibility of such damages.

To the extent permitted by law, if, despite these Terms of Use, we are found to be liable to you for any damage or loss arising from or in connection with your use of the Site or any Content (excluding your reliance on the Content to make your decision to purchase our products, in which case, our liability is governed by any applicable laws, the Sale Terms that you entered into when you purchased the relevant products and the terms of our Warranty), you agree that our liability shall not exceed SGD100.00. Some jurisdictions do not allow us to limit our liability this way. If so, the limitation described here may not apply to you.

11. Indemnity

To the extent permitted by law, you agree to fully indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries affiliates and contractors, harmless from any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct or consequential, due to or arising out of or in connection with:
( a ) your use of the Site or any Content;
( b ) your breach or violation of or failure to comply with these Terms of Use; and/or
( c ) your infringement of our intellectual property rights and rights to the Content

12. Disclosure of information

We may disclose any information we have about you in connection with any investigation or complaint concerning your use of the Site. We reserve the right to disclose information to comply with any applicable law, regulation, legal process or governmental request. We will only disclose information to the extent required, or to the extent deemed necessary by us in our sole discretion, subject to applicable laws.

13. Our remedies

We may, at our sole discretion, terminate any account you have with us and/or terminate or restrict your use of any part of the Site at any time for any legitimate reason. Such reasons would include:
( a ) your breach or violation of or failure to comply with these Terms of Use;
( b ) any requests or orders by law enforcement or competent government authorities;
( c ) infringement or suspected infringement of our intellectual property rights;
( d )  unexpected technical or security issues; and
( e ) when we no longer own the Site.

Our termination and/or restriction of your account and/or access to the Site (in whole or in part) shall be without prejudice to any other rights and remedies that we are entitled to under these Terms of Use, at law or in equity.

We may also take any other action including but not limited to reporting you to the police or other law enforcement authorities, issuing a warning or taking legal action against you and pursuing any costs incurred by us as a result.

Blank Tuna may change, discontinue or otherwise suspend any part of the Site at any time, for any reason, without letting you know in advance, and we shall not be responsible to you for any claim, loss, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct or consequential, suffered by you or anyone else as a result.

14. Complaint procedures

If you believe that any content on this Site infringes your intellectual property or other rights, please email us at hello@blanktuna.com. In your email, please set out the following information:
( a ) your name and the name of your company, if any;
( b ) your contact information, including your email address; and
( c )  the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that is objectionable.

15. Changes to these Terms of Use

You agree that we may revise these Terms of Use from time to time without prior notice to you. Any revisions to these Terms of Use will be reflected on this page. If the revisions are material, we may notify you of these changes via e-mail if we have your e-mail address.

The Terms of Use in force at the time you use the Site govern your use of the Site. You must check these Terms of Use each time you use the Site. You are responsible for understanding your obligations to us under these Terms of Use. Your continued use of the Site after we post changes to these Terms of Use means you accept and agree to the changes.

 

16. Governing law and dispute resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore.

You agree that we shall try to resolve any dispute, controversy or claim arising out of or in connection with these Terms of Use (including any question regarding its existence, validity or termination) by negotiating in good faith.

If no amicable settlement is reached within 30 days from the start of such negotiations, we shall try to resolve the dispute by submitting it for mediation in Singapore at the Singapore International Mediation Centre in accordance with its Mediation Rules for the time being in force.

Thereafter, if no amicable settlement is reached through the aforesaid mediation, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore and the language of the arbitration shall be English.

Notwithstanding the above clause, we may, at our sole option and election, and regardless of whether we are claimant or respondent, choose to submit the dispute to any court of competent jurisdiction. Once we choose to submit the dispute to a court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of that court to determine the dispute.

Before you commence any proceedings in relation to a dispute between us and you, you shall notify us in writing, by sending an email to legal-notices@Blank Tuna.sg. We shall then respond to you in writing via email, within 14 days of receiving your email, notifying you of whether we elect to refer the dispute to SIAC arbitration or to a court of competent jurisdiction. You agree to be bound by our election in the commencement of any proceedings against us.

Nothing in these Terms of Use shall stop or prevent either you or us from seeking urgent temporary relief, including any orders for injunctive relief and/or for specific performance, in a court of competent jurisdiction as may be reasonably required to preserve the rights of either party. Any such application for relief shall not be deemed to be a breach or waiver of the dispute resolution procedure under this paragraph.

To the extent permitted by law, either you or we must bring a claim under these Terms of Use within one (1) year after the cause of action arises and your failure to do so will extinguish the rights to bring the claim. Claims made under the separate Sale Terms are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses. However, the prevailing party in legal proceedings will be entitled to its costs and legal fees.

 

17. Other important terms

Unless stated otherwise, these Terms of Use set out all of the terms and conditions agreed upon between us as to your access and/or use of the Site and supersedes and extinguishes all previous proposals, agreements, representations and undertakings between us, whether written or oral, relating to this subject matter.

In the event of any inconsistency between these Terms of Use, the Sale Terms and the Privacy Notice, the Sale Terms shall prevail.

Each of the paragraphs of these Terms of Use operates separately. If one or more of these terms is held to be invalid, illegal or unenforceable by a competent authority, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we delay enforcing our rights, that will not mean that we have waived our rights against you. You must continue to perform your obligations even under these circumstances and we will be entitled to exercise our rights and remedies at a later stage. Any waiver by us will only be done expressly in writing. Any waiver by us of your breach does not mean that we will automatically waive another breach by you.

 

Last Updated: 10 Jun 2024