Last Updated: 6th May 2019

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Optima Werkz Pte Ltd (“OW”, “we,”, “us” or “our”), concerning your access to and use of OW’s Marketplace website (https://ow.sg/marketplace/) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

Optima Werkz’s Marketplace is designed to be a one-stop user-friendly platform for buyers and sellers of car accessories and car parts in Singapore to connect and potentially transact.

  1. General
    • These Terms applies to all users of the Site, including but without limitation, users who are sellers, buyers, potential buyers and sellers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Site, unless the context does not permit.
    • In these Terms of Use, Optima Werkz Pte Ltd and its related corporations are referred to as “Optima Werkz” or “OW” interchangeably for ease of reference.
    • By using the Site in any manner, including but not limited to visiting or browsing through, you agree to observe and be bounded by these Terms and the additional terms and conditions and policies incorporated by reference and/or implication. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue any usage immediately.
    • Optima Werkz reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of our Site following the date on which the amended Terms are posted here.
    • The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
    • Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. Use of Service
    • Due to certain risks, OW has limit the posting of items on our Marketplace to be done internally. Sellers would have to send us their postings via email to owmarketing@ow.sg with the relevant details, where it will be screened internally before the post is created on our Marketplace. When a buyer has successfully contacted the seller and transacted, the seller is required to inform OW that the item is sold.
    • Subject to your compliance with these Terms, OW grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right to use the Site.
    • You shall use the Site in accordance with these Terms and shall not:
    1. Send OW any content that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
    2. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Site.
    3. Violate any applicable laws, rules or regulations in connection with your access or use of the Site
    4. Use the Site for any purpose for which it is not designed or intended.
    5. Use the Site to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
    6. Use the Site to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
    7. Upload to or transmit through the Site any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
    8. Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Site, or any data or content found or access through the Site.
    9. Collect any information in respect of other users without their consent.
    10. Attempt to and/or engage in any activity or act that is intended to mislead or deceive other users. Such act includes, but is not limited to, creating fake accounts, offering products without concrete goods, inaccurate description of the products etc.
    11. Authorise or encourage anyone to do any of the foregoing.
  3. Creating a Post
    • When you email OW to create a post or listing on the Site, you represent and warrant that:
    1. If you are an individual, you are at least 18 years of age.
    2. If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
    3. You are capable of entering into and performing legally binding contracts under applicable law.
    4. All information which you provide is accurate, up to date, truthful and complete.
    5. If you are under 18 years of age, you may only use the Site with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
  4. OW Marketplace
    • OW Marketplace provides a venue for users to interact with each other, and to buy and sell items. OW is not directly involved in transactions between users. Consequently, OW has no control over, and you agree that OW is not responsible or liable for any of the following:
    1. The quality, safety, morality or legality of any aspect of the items listed.
    2. The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
    3. The true identity, age, nationality, or sense of humour of a user.
    4. Any Content posted by users.
    • You are encouraged to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While OW endeavours to keep the Site safe for everyone, your use of the Site and your interactions with other users is entirely at your own risk.
  5. Content
    • Through OW, users are allowed to create and share content, such as photos, videos, audio recordings, music, comments, data, text, links and other information (“Content”) on the Site.
    • You retain ownership rights in the Content which you upload or share on the Site but you grant OW a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to OW’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Site and to research and develop new products and services.
    • You understand and agree that you are solely responsible for the Content which you post or share on or through the Site and any loss or damage which you sustain as result of such Content is solely your responsibility.
    • OW shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Site. Without limiting the foregoing, OW shall have the right to remove Content, without liability, in any of the following events:
    1. If the Content is in breach of these Terms;
    2. If OW has received a complaint or notice of infringement in respect of the Content.;
    3. If the Content is otherwise objectionable as per OW’s discretion.
      OW may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Site as part of efforts to protect the Site or users, or to otherwise enforce these Terms.
  6. Selling & Buying on OW Marketplace
    • In creating a listing and offering an item for sale and/or offer a service on the Site, you agree to comply with the following:
    1. All items must comply with these Terms
    2. You must provide a fair, accurate and complete description of each item, including your price for the item.
    3. Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
    4. Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
    5. You willingly provide your personal contact details (i.e. Name, HP number, address, email etc) for OW to display them on your post for potential buyers to contact you.
    • You acknowledge and agree that OW has no control over any website other than the Site and shall not in any event be responsible or held liable for any expired item listing which appears on any website other than the Site or any expired item listing which is retrieved by any search engine.
    • Without prejudice to the rest of these Terms and OW’s policies, you warrant, in respect of each item/services which you offer for sale on the Site, that:
    1. You are the owner of the item, and the item is not stolen.
    2. The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
    3. The sale of the item complies with all laws and regulations which apply to that item.
    4. The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
    5. The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
    6. All offers made and accepted through the OW Marketplace are binding.  
      If you are a seller who has accepted a buyer’s offer for an item:
    7. You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer’s identity.
    8. You may not alter the item’s price after a sale or misrepresent the item’s location and price.
    • If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance.
    • In communicating with a user through the Services for the offering of or acceptance of a purchase or sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
    • Notwithstanding the foregoing, as OW is not involved in Transactions which are considered solely between users, OW cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
  7. Installation of Car Parts & Accessories by OW
    • As OW Marketplace involves the buying and selling of car parts and accessories, the seller and buyer may choose to request for OW’s services to either remove or install such car parts and accessories for them.
    • In such an event, OW is only engaged as an external 3rd party service provider and is not an involved party as part of the transaction between the buyer and seller. You release OW from any claims, demands and damage arising out of the transaction. Moreover, OW will not be liable for the working condition of the item installed or removed since it should be the responsibility of the transacting parties to ensure that the item is in working condition before the transaction is made.
    • With regards to the installation or removal services provided by OW, OW shall only be liable regarding the installation or removal work done. If the installation or removal work provided by OW is unsatisfactory, your sole remedies (whether your claim is based in law or equity) available to you for OW installation or removal services would be either a reassembling of the item or a refund (as a last resort), based solely on the discretion of OW.
  8. Dispute with Users
    • If you are in dispute with a user of our Services with regards to OW Marketplace, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to OW, we will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release OW from any claims, demands and damage arising out of your disputes with users of our Services and/or OW Marketplace.
  9. Privacy
    • Your privacy is very important to us at OW and we have provided the OW Privacy Policy, which can be found at https://ow.sg/privacy-statements/, to explain our privacy practices. Please review the Privacy Policy to understand how OW collects, uses and discloses information collected and received from you.
  10. Intellectual Property
    • You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of OW. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of OW. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by OW.
    • The Services may utilise or include third party software that is subject to open source and third-party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licences, the terms of the open source or third-party licences shall prevail with regard to your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
    • You are not authorised by OW to use OW’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of OW, which may be withheld for any or no reason.
  11. No Warranty
    • You acknowledge and agree that OW Marketplace and its Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
    • OW does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and OW’s servers are free of viruses or other harmful components.
    • All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
    • OW Marketplace and the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). OW is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
    • No advice or information, whether oral or written, obtained by you from OW or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that OW has no obligation to support or maintain the Services.
    • OW disclaims any and all liability or responsibility in relation to the content made available through the Marketplace via the Services, including but not limited to the Content uploaded by users or the third-party content and services. OW is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.
  12. Limitation of Liability
    • You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Marketplace is to request for termination of your post and/or discontinue any use of the services.
    • In no event shall OW or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use OW Marketplace or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of OW Marketplace including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet, whether or not the damages were foreseeable and whether or not OW was advised of the possibility of such damages.
  13. Indemnity
    • You will indemnify and hold harmless OW, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of OW Marketplace through our Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
  14. Compatibility
    • OW does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that OW and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
  15. Sub-contracting
    • OW reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as OW deems appropriate.
  16. Miscellaneous
    • You and OW are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
    • If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
    • Except as provided herein, any failure by OW to exercise a right or require performance of an obligation in these Terms shall not affect OW’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
    • You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
    • These Terms constitute the entire agreement between you and OW and supersedes all prior or contemporaneous understandings and/or agreements between you and OW.
  17. Governing Law
    • You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.