Terms of Use

1.1These Terms of Use (the “Terms”) govern your access to and use of the website located at www.myloveisback.com (the “Website”), operated by MYLOVEISBACK PTE LTD (UEN: 202621676E), a company incorporated in the Republic of Singapore with its registered office at 8 Marina View, #11-11, Asia Square Tower 1, Singapore 018960 (“we”, “us” or “our”).

1.2By accessing or using the Website, placing an order, or creating an account, you agree to be bound by these Terms, our Privacy Policy and any other policies referenced herein. If you do not agree to these Terms, you must not use the Website.

1.3You represent and warrant that (a) you have full legal capacity to enter into a binding contract; (b) you are at least 18 years of age, or you are using the Website under the supervision of a parent or legal guardian who agrees to these Terms on your behalf; and (c) any information you provide to us is true, accurate, current and complete.

1.4We may amend these Terms from time to time by posting the updated version on the Website. Material changes will take effect thirty (30) days after posting, or earlier where required by law. Your continued use of the Website after the effective date constitutes acceptance of the amended Terms.

2.1In these Terms, unless the context otherwise requires:

1. (a)“Account” means an online customer account registered with us through the Website;
2. (b)“Companion Application” means any mobile or web application provided by us for use with the Product;
3. (c)“Content” means all text, images, graphics, video, audio, software, data and other materials made available on or through the Website;
4. (d)“Order” means an order placed by you for the purchase of a Product through the Website;
5. (e)“PDPA” means the Personal Data Protection Act 2012 of Singapore, as amended from time to time;
6. (f)“Privacy Policy” means our privacy policy available on the Website, which forms part of these Terms;
7. (g)“Product” means the custom electronic pet imaging product(s) offered for sale through the Website, including any accessories, firmware and the Companion Application;
8. (h)“Sale Agreement” means the separate sale agreement (in the form prescribed by us) which governs the sale and purchase of the Product;
9. (i)“User Content” means any material that you submit, post, upload or otherwise make available through the Website, including reviews, comments, images, video and feedback; and
10. (j)“you” or “your” means the person accessing or using the Website.

2.2Headings are for convenience only and shall not affect interpretation. Any reference to a date or time is a reference to the date or time in Singapore. Any reference to a statute includes any modification, re-enactment or replacement thereof in force from time to time.

3.1You may be required to register an Account to place Orders or access certain features of the Website. You must provide accurate, current and complete information during registration and keep your Account information up to date.

3.2You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately of any unauthorised use of your Account or any other breach of security.

3.3We reserve the right to suspend or terminate your Account at any time, with or without notice, if we reasonably believe that you have breached these Terms, that your Account has been compromised, or that suspension or termination is necessary to protect us, our other users or any third party.

4.1The Product is a custom-configured electronic pet imaging device. The specifications, features, custom personalisation options and accompanying Companion Application (if any) are as described on the relevant Product pages and in the Sale Agreement.

4.2Images, illustrations and descriptions of the Product on the Website are for illustrative purposes only. The actual Product may differ slightly in colour, finish or non-material features. We use reasonable endeavours to ensure that such images are an accurate representation but do not warrant that they are free from error.

4.3Tolerances customary in the industry for custom electronic and imaging products (including dimensions, weight, finish, colour and image output) are deemed acceptable and shall not constitute non-conformity.

4.4You acknowledge and agree that the Product is intended for non-clinical, general consumer use in imaging companion animals. The Product is not a medical or veterinary diagnostic device, is not intended to diagnose, treat, cure or prevent any disease or condition in any animal or human, and any output should not be relied upon for medical or veterinary diagnosis. You should consult a qualified veterinarian for any health concerns relating to your animal.

4.5We reserve the right to modify, suspend or discontinue any Product, feature or part of the Website at any time without liability to you, save in respect of Orders that have already been accepted by us in accordance with Clause 5.

5.1The display of a Product on the Website is an invitation to treat and is not an offer to sell. Your submission of an Order constitutes an offer by you to purchase the Product on these Terms and on the terms of the Sale Agreement. No contract is formed until we have issued a written acceptance of your Order (whether by email or otherwise).

5.2We reserve the right to refuse or cancel any Order, in whole or in part, prior to acceptance, including (without limitation) where: (a) the Product is unavailable; (b) there is an error in the price or description of the Product; (c) we are unable to verify your identity or payment details; or (d) we reasonably suspect fraud, misuse or breach of these Terms.

5.3Despite our reasonable efforts, prices on the Website may occasionally be incorrect. Where we discover an error in the price of a Product you have ordered, we will inform you and give you the option of (a) reconfirming your Order at the correct price; or (b) cancelling your Order and receiving a full refund of any amount already paid. We are not obliged to supply the Product at the incorrect price.

5.4All prices quoted on the Website are in US Dollars unless otherwise stated, and are inclusive of Singapore Goods and Services Tax (GST) where applicable. Delivery charges are shown separately at checkout.

5.5Where the Product is shipped from outside Singapore, the price is exclusive of import duties, customs charges, handling fees or other taxes imposed at the point of import. Where such charges apply, you shall be responsible for paying them directly to the relevant authorities or carrier upon importation.

5.6Payment must be made in full at the time of placing the Order, by the payment methods made available at checkout. If your payment instrument is denominated in a currency other than the currency of payment, your bank or card issuer may apply conversion rates and fees over which we have no control.

5.7Once accepted by us, an Order is firm. You shall not be entitled to cancel, reduce or vary the Order save with our prior written consent, which may be granted on such conditions (including the payment of cancellation charges reflecting our costs actually and reasonably incurred) as we may require. Further provisions on cancellation are set out in the Sale Agreement.

6.1We will deliver the Product to the delivery address you specify at checkout. Any delivery date indicated on the Website or in our communications is an estimate only. We use reasonable endeavours to deliver by the estimated date but cannot guarantee specific dates.

6.2Risk in the Product passes to you on delivery. Legal and beneficial title in the Product passes to you when we have received the price in full (in cleared funds) and the Product has been delivered, whichever is the later.

6.3If delivery is delayed by your unreasonable refusal to take delivery, or by your failure (within a reasonable time of notification) to collect the Product from the carrier, we may charge you reasonable storage, redelivery or return costs.

7.1We provide a manufacturer’s warranty against defects in materials and workmanship for a period of twelve (12) months from the date of delivery (the “Warranty Period”), on the terms set out in the Sale Agreement.

7.2The Product is custom-configured to your Order. Accordingly, we are not generally able to accept change-of-mind returns once production has commenced. Any change-of-mind return that we agree to accept (at our discretion) is subject to the conditions set out in the Sale Agreement, including return within fourteen (14) days of delivery, original packaging, payment of a reasonable restocking fee, and the possibility that personalisation may render the Product non-returnable.

7.3Nothing in this Clause 7 affects any non-excludable statutory rights you may have under applicable Singapore consumer protection legislation, including the Consumer Protection (Fair Trading) Act 2003 and the Sale of Goods Act 1979.

8.1You agree to use the Website only for lawful purposes and in a manner consistent with these Terms. You shall not:

1. (a)use the Website in any way that breaches any applicable law or regulation, or in any way that is fraudulent or has any fraudulent purpose or effect;
2. (b)transmit any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (spam);
3. (c)knowingly transmit any material that contains viruses, worms, trojan horses, or other harmful programs or computer code designed to disrupt, damage or limit the functioning of any software or hardware;
4. (d)attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
5. (e)attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
6. (f)use any robot, spider, scraper or other automated means to access or extract data from the Website without our prior written consent.

8.2Without prejudice to our other rights, we may suspend or terminate your access to the Website, and report any breach of this Clause 8 to the relevant law-enforcement authorities.

9.1If you purchase a Product, you agree to use the Product only for its intended purpose, in accordance with the user manual and any safety instructions, and in compliance with applicable laws. The Product is intended for use with companion animals only.

9.2Where the Product is paired with a Companion Application, your use of the Companion Application is subject to its separate end-user licence terms, which form part of the Sale Agreement to the extent applicable. You are responsible for keeping your account credentials secure.

9.3You shall not:

1. (a)attempt to reverse-engineer, decompile or extract source code from the Product or its firmware (save to the extent permitted by law);
2. (b)remove or tamper with any safety or regulatory labels on the Product; or
3. (c)use the Product in a manner that infringes any third party’s rights or any applicable law.

10.1All intellectual property rights in the Website, the Product, its firmware, the Companion Application and all related Content (including text, logos, trade marks, graphics, photographs, audio, video, software and the selection and arrangement thereof) are owned by us or our licensors. All such rights are reserved.

10.2Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial use. Purchase of the Product does not transfer any intellectual property rights to you, save for a personal, non-exclusive, non-transferable licence to use the firmware and the Companion Application (as installed in or designed for use with the Product) for your personal non-commercial use, in accordance with their respective terms.

10.3You shall not, without our prior written consent: (a) reproduce, modify, distribute, publicly display, publicly perform, republish or transmit any of the Content; (b) create derivative works from any of the Content; or (c) use any of the Content for commercial purposes.

10.4“MYLOVEISBACK”, the Website logo and other trade marks displayed on the Website are our trade marks or those of our licensors. You may not use such trade marks without our prior written consent.

11.1You retain ownership of any User Content that you submit through the Website (including reviews, comments, images and video of your animal). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to host, store, reproduce, modify, adapt, publish, translate, distribute and display such User Content in connection with the operation and promotion of the Website, the Products and our business, as further described in the Privacy Policy.

11.2You represent and warrant that, in respect of all User Content you submit: (a) you own or have all necessary rights, licences, consents and permissions; (b) the User Content does not infringe the intellectual property, privacy, publicity or other rights of any third party; (c) the User Content is not unlawful, defamatory, obscene, threatening, harassing or otherwise objectionable; and (d) the User Content does not contain any viruses or other harmful code.

11.3We reserve the right (but are not obliged) to monitor, review, edit or remove any User Content at any time, in our sole discretion and without notice. We are not responsible for any User Content posted by you or any third party.

12.1If you believe that any Content or User Content on the Website infringes your intellectual property rights, please notify us in writing at admin@myloveisback.com, providing: (a) a description of the work claimed to be infringed; (b) the URL or location of the infringing material; (c) your contact details; (d) a statement that you have a good-faith belief that the use is not authorised; and (e) a statement, made under penalty of perjury where applicable, that the information in your notice is accurate.

12.2We will investigate notices of alleged infringement and take such action as we consider appropriate, which may include removal of the relevant material.

13.1The Website may contain links to third-party websites, applications or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such websites or services.

14.1To the maximum extent permitted by law, the Website and its Content are provided “as is” and “as available”. We make no warranties, express or implied, including as to merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability or availability.

14.2Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be limited or excluded under Singapore law.

14.3Subject to Clause 14.2, we shall be responsible for foreseeable loss and damage caused by our breach of these Terms or our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if at the time of acceptance of your Order both parties knew it might happen.

14.4Subject to Clause 14.2, we shall not be liable for:

1. (a)loss that was not foreseeable at the time these Terms became binding on you;
2. (b)loss arising from any use of the Website or the Product for any business, trade or professional purpose; or
3. (c)loss caused by your failure to follow our reasonable instructions for installation, use or care of the Product.

14.5Subject to Clause 14.2, our total aggregate liability to you under or in connection with these Terms or your use of the Website (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed the greater of (a) the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the liability; and (b) five hundred US Dollars (USD 500).

15.1We shall not be responsible for any failure or delay in performance caused by events outside our reasonable control, including Acts of God, lightning, storm, fire, flood, landslide, earthquake, tsunami, epidemic, pandemic, war, terrorism, civil unrest, strike, lockout, government action, embargo, electricity rationing, customs delays, carrier delays, supply chain disruption, shortage of components, or failure of telecommunications or internet infrastructure (each a “Force Majeure Event”).

15.2If a Force Majeure Event occurs, we will contact you to notify you and will take reasonable steps to minimise the effect of the delay. If there is a risk of substantial delay, you may cancel any affected Order and receive a refund of any amounts paid for any Product not yet delivered.

16.1We may suspend or terminate your access to the Website and/or your Account at any time, with or without notice, for any reason, including (without limitation) where we reasonably believe that you have breached these Terms.

16.2Upon termination, your right to use the Website ceases immediately. Termination shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.

17.1Any notice from you to us under these Terms shall be sent to: customerservice@myloveisback.com. Any notice from us to you shall be sent to the email address registered with your Account, or by posting on the Website.

18.1Entire Agreement. These Terms, together with the Privacy Policy and (where applicable) the Sale Agreement, constitute the entire agreement between you and us in respect of your use of the Website and supersede any previous agreements, understandings, communications or representations, whether expressed or implied, oral or written, but nothing in this Clause shall limit liability for fraud or fraudulent misrepresentation.

18.2Variation. We may amend these Terms in accordance with Clause 1.4. No oral variation shall be effective.

18.3Rights and Remedies. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights and remedies provided by law.

18.4Waiver. No waiver by us of any breach by you shall operate as a waiver of any subsequent breach. No failure or delay by either party in exercising any right shall operate as a waiver of that right.

18.5Severability. If any provision of these Terms is illegal, invalid or unenforceable, that provision shall be severed to the minimum extent necessary, without affecting the remaining provisions.

18.6Assignment. You may not assign, transfer or charge any of your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations under these Terms to another organisation, but this shall not affect your rights or our obligations under these Terms.

18.7Third-Party Rights. Save for our affiliates (who may enforce these Terms), a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any term of these Terms.

18.8Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore.

18.9Jurisdiction. Any dispute arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, to whose non-exclusive jurisdiction the parties submit.