1.1.
These Terms of Use apply to your access to, and use of, all or part of any website of LOTTE Duty Free ("LDF"), including https://en.lottedfs.com.sg/ (“LDF Website”), and any associated websites, or LDF Mobile Application where these Terms of Use are posted or incorporated by reference (collectively, the "Online Services"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with LDF or its affiliated companies for products, services or otherwise. If you are using the Online Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and LDF for violations of these Terms of Use. These Terms of Use contain disclaimers and other provisions that limit our liability to you.
1.2.
In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Online Services, these Terms of Use will take precedence and govern your use of the Online Services. However, if you navigate away from the Online services to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
1.3.
While we make reasonable efforts to provide accurate and timely information about LDF and its affiliates on the Online Services, you should not assume that the information is always up to date or that the Online Services contain all the relevant information available about LDF and its affiliates.
1.4.
LDF reserves the right to modify or revise these Terms of Use as well as any policy or guidelines related to the Online Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon being posted on the LDF Website. By continuing to use the Online Services, you acknowledge and confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that govern your use of our Online Services. If you do not agree to the amended terms, you must discontinue using the Online Services.
2.1.
The Online Services are not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are under the age of eighteen (18) years, you should review these Terms of Use with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms of Use. Should your parent or guardian not agree to these Terms of Use, you must discontinue the use of these Online Services.
2.2.
In order to participate in certain areas of our Online Services, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify LDF if you discover or otherwise suspect any security breaches relating to the Online Services; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorised access.
3.1.
Please read the LDF Privacy Policy carefully to understand how LDF and its affiliates collect use and disclose personally identifiable information from users of the Online Services.
3.2.
Apple and Google Terms and Conditions; LDF Policies [For LDF Mobile Application]
These Terms of Use are meant to work alongside and include additional terms from Apple Inc. and Google Inc. if the LDF Mobile Application is distributed through their respective systems. Specifically, these additional terms and conditions mentioned refer to Apple's Terms and Conditions, including the Licensed LDF Mobile Application End User License Agreement, and Google Play Terms of Service. Along with the LDF Privacy Policy and any other policies issued by LDF and posted on the LDF Website, these terms and conditions collectively govern your use of the LDF Mobile Application.
If there is any conflict between these Terms of Use and the provisions of the Apple Terms, Google Terms, or any applicable LDF Policies, these Terms of Use will take priority, but only in relation to the LDF Mobile Application. In other words, these Terms of Use will prevail over conflicting terms from Apple, Google, or LDF Policies, but this applies solely to the use of the LDF Mobile Application.
4.1.
If a User signs up for a LDF account using the LDF Mobile Application, the User will be given the opportunity to opt-in to receive promotional messages via the in-app notification. Thereafter, the User may opt-in or opt-out of receiving these notification at any time by adjusting the member’s information settings in the User’s LDF My Info section.
4.2.
Similarly, upon download of the LDF Mobile Application, the User is, provided the option to manage their settings relating to receiving push notifications from LDF on their device and within the LDF Mobile Application. This may include promotional communications, offers / newly launched products, and system messages pushed to the Device or within the LDF Mobile Application mailbox ("Push Notifications"). The User may, at any time following the download of the LDF Mobile Application, opt-in or opt-out of receiving Push Notifications by adjusting the "LDF Notifications" switch within the LDF Mobile Application settings to "off" (or specifically opt-out of receiving other forms of notifications via email, sms and/or mail), or within the Device’s settings under "Notifications" to completely opt-out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to email, sms and/or mail communications. For the avoidance of doubt, users will only receive promotional communications or pick-of-the-week offers via Push Notifications if they opt-in to receiving such Push Notifications.
4.3.
The details and guidelines regarding the sending of communications and Push Notifications can be found in the LDF Privacy Policy, which will also govern the process.
7.1.
Unless otherwise indicated, the Online Services and all content and other materials therein, including, without limitation, the LDF logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Online Materials") are the proprietary property of LDF or its licensors and are protected by Singapore and international copyright laws.
7.2.
You are granted a limited, non-sublicensable license to access and use the Online Services and Online Materials for personal and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Online Services or Online Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Online Materials; (d) modifying or otherwise making any derivative uses of the Online Services and the Online Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Online Services, the Online Materials or any information contained therein, except as expressly permitted on the Online Services; or (g) any use of the Online Services or the Online Materials other than for its intended purpose. Any use of the Online Services or Online Materials other than as specifically authorized herein, without the prior written permission of LDF, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
8.1.
If you believe any material available via the Online Services infringes a copyright you own or control, you may file a notification of such alleged infringement with LDF by sending an e-mail to LDF Customer Care (hellosg@lotte.net).
8.2.
In the notification, you should identify the URL containing the materials that you believe to infringe a copyright you own or control and should also provide the sufficient supporting materials to show that you own or control the copyright on which basis you submit the notification. If you are authorized by the owner of the copyright to submit the notification, you should also provide the sufficient supporting materials to show such authorisation. LDF reserves the right to require you to provide additional supporting materials as we consider appropriate in our sole discretion. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8.3.
LDF has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. LDF may also, in its sole discretion, limit access to the Online Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9.1.
LDF and the LDF logo are registered trademarks of LDF Group. All other LDF trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Online Services are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of LDF Corporation or its affiliates or licensors. Other product or company names referred to on the Online Services may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of LDF or our affiliated companies or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact LDF by sending an e-mail to LDF Customer Care (hellosg@lotte.net) to request written permission to use trademarks, indicia of origin and materials on the Online Services for purposes other than stated in these Terms of Use or for all other questions relating to the Online Services.
9.2.
All rights not expressly granted are reserved.
10.1.
The Online Services may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Online Services ("User Content"). By using the Online Services, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Online Services any of the following:
(a)
Unless specifically requested by LDF, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters).
(b)
User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers.
(c)
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content.
(d)
User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity.
(e)
Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content.
(f)
User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law.
(g)
Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and
(h)
User Content that, in the sole judgment of LDF, is objectionable, restricts or inhibits any other person from using or enjoying the Online Services or which damages the image or rights of LDF, other users or third parties.
10.2.
LDF does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LDF liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Online Services and agree to use the interactive areas at your own risk.
10.3.
If you become aware of User Content that you believe violates these Terms of Use, you may report it by sending an e-mail to LDF Customer Care (hellosg@lotte.net). Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Online Services will not contain any content that is prohibited by these Terms of Use. LDF reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Online Services at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Online Services at your sole cost and expense.
10.4.
If you are viewing the Online Services on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Online Services and the computer system you are using to prevent unauthorized User Content.
13.1.
You are granted a limited, non-exclusive right to create text hyperlinks to the Online Services for non-commercial purposes, provided such links do not portray LDF in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use LDF's logo or other proprietary graphics to link to our Online Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any LDF trademark, logo or other proprietary information, including the images found at the Online Services, the content of any text or the layout/design of any page or form contained on a page on the Online Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of LDF or any third party.
13.2.
LDF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party web Online Services accessible via hyperlink or web Online Services linking to the Online Services. Such Online Services are not under the control of LDF and LDF is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such Online Services. LDF and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by LDF of any site or any information contained therein. When you visit other Online Services via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party Online Services will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Online Services.
15.1.
LDF may display advertisements and promotions from third parties on the Online Services or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. LDF is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-LDF advertisers or third party information on the Online Services.
15.2.
LDF may provide third party content in the LDF Mobile Application(including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. LDF does not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by LDF of any LDF Mobile Application or any information contained therein, and can make no guarantee as to its accuracy or completeness. User acknowledges and agrees that LDF is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. User agrees to use such Third Party Content contained therein at User’s own risk. When User uses other applications via Third Party Content, or participates in promotions or business dealings with third parties, User should understand that LDF’ terms and policies no longer govern, and that the terms and policies of those third party applications will now apply. User should review the applicable terms and policies, including privacy and data gathering practices, of any LDF Mobile Application to which User navigates from the LDF Mobile Application.
16.1.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL (I) LDF AND ITS AFFILIATED COMPANIES (INCLUDING THEIR EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SERVICE PROVIDERS, ADVISORS AND CONSULTANTS) AND (II) LDF CORPORATION AND THE LDF CORPORATION GROUP OF COMPANIES: (A) BE LIABLE TO YOU WITH RESPECT TO THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR ANY PART THEREOF, THE ONLINE STORE, CONTENT OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE ONLINE SERVICES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM LDF AND ITS AFFILIATES AND THEIR DESIGNEES); AND (B) BE LIABLE TO YOU FOR ANY DIRECT LOSSES, DAMAGES FOR LOSS OF GOODWILL, LOSS OF INCOME, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE ONLINE SERVICES OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION, INDIRECT LOSSES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.
16.2.
To the extent not excluded and/or to the extent not lawfully excluded, LDF’s maximum aggregate liability for all claims, suits, demands, actions or other legal proceedings in connection with this Agreement, whether based on an action or claim on contract, negligence, tort or otherwise, shall not exceed Singapore Dollars $1.00.
16.3.
LDF does not guarantee that the functions contained in the Online Services will be uninterrupted or error-free, that the Online Services or its server will be free of viruses or other harmful components, or that defects will be corrected even if LDF is aware of them.
17.1.
LDF IS PROVIDING THE LDF MOBILE APPLICATION TO THE USER "AS IS", “AS AVAILABLE” BASIS AND THE USER IS USING THE LDF MOBILE APPLICATION AT HIS / HER OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LDF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, OR OTHERWISE, INCLUDING ANY WARRANTIES THAT THE LDF MOBILE APPLICATION IS MERCHANTABLE, OR RELIABLE, OR ACCURATE, OR FIT FOR A PARTICULAR PURPOSE OR NEED, OR OF SATISFACTORY QUALITY, OR NON-INFRINGING OR FREE OF DEFECTS, VIRUSES OR ERRORS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE LDF MOBILE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION, IN-APP RELATED DATA OR DATA TRANSMITTED IN CONNECTION WITH THE LDF MOBILE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED OR RECEIVED.
17.2.
LDF will use reasonable efforts to make the LDF Mobile Application available at all times. However, User acknowledges that the LDF Mobile Application is provided over the Internet and mobile networks and so the quality and availability of the LDF Mobile Application may be affected by factors outside LDF’ reasonable control. LDF does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the LDF Mobile Application being unavailable.
22.1.
Notwithstanding any of these Terms of Use, LDF reserves the right, without notice and in its sole discretion, to suspend or terminate your license to use the Online Services and your account and to block or prevent your future access to, and use of, the Online Services.
22.2.
Without prejudice to the generality of the foregoing, we reserve the right to immediately suspend and or terminate your account if:
(a)
You breach this Terms of Use.
(b)
Any material information provided or representation made by you to us is untrue or misleading or otherwise has an adverse material impact on LDF or third party providers.
(c)
We believe that you are accessing and or using your account for fraudulent and or dishonest activities; and or
(d)
Required by applicable law.
22.3.
In the event of suspension or termination of your access and or use of the Online Services, you shall remain liable for all payment transactions and or any other obligations you may have incurred under this Terms of Use.