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TERMS AND CONDITIONS OF SALE
These are the terms and conditions on which we sell our products and services to you through our website (our “Platform”), which include:
(a) physical materials including program kits, books and DVDs (“Physical Products”);
(b) licences to access digital materials such as training videos (“Digital Products”); and
(c) in-person, in-home or video-conferencing consultations with our consultants (“Consulting Services”)
In these terms, “Products” refers to Physical Products or Digital Products as applicable.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or terminate the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
By using our Platform, you agree to these terms. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
Doman Babies Pte. Ltd. (UEN 202001957R) is a company incorporated in Singapore.
For any questions or problems relating to our Platform, Products or Consulting Services or these terms, you can contact us by calling our customer service team at 9383 1271 or sending us an email at hello@domanbabies.com
Please refer to Clause 17 and our privacy policy which is available at [weblink to privacy policy] for information about what personal data we collect and what we do with it in accordance with the Personal Data Protection Act 2012. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
When we use the words "writing" or "written" in these terms, this includes emails.
You may place orders and make pre-payment with us as instructed on our Platform. Our acceptance of your order will take place when we send you an email to accept your order (“Confirmation Email”), at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will let you know in writing and will not charge or will offer a refund to you for the Products or Consulting Services ordered. This may be because:
(a) all or some of the Products ordered are out of stock;
(b) there are unexpected limits on our resources which we were unable to plan for;
(c) we have identified an error in the price or description of the Products or Consulting Services; or
(d) we are unable to meet a delivery deadline or appointment you have specified.
We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
We are able to provide our Digital Products and Consulting Services (which do not involve in-person or in-house contact) outside of Singapore. However, orders for delivery of our Physical Products to addresses outside Singapore will be assessed on a case-by-case basis, and we may refer your order to the manufacturer or another distributor of Physical Products for the purpose of provisioning your order.
If you wish to make a change to the Products or Consulting Services you have ordered, please contact us. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the Products or Consulting Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to terminate the contract (see Clause 11).
We may make changes to our Platform, Products, Consulting Services or these terms from time to time in order to:
(a) reflect changes in relevant laws and regulatory requirements; or
(b) implement technical adjustments and improvements (for example to address a security threat or to carry out maintenance of our Platform).
These changes may require the temporary suspension of the provision of our Platform, Products or Consulting Services for short periods of time.
In the event that you have purchased Digital Products or Consultancy Services, a unique username and password that enables you to access certain parts of our Platform will be sent to the email address as specified in your order as soon as reasonably possible on or about the estimated delivery dates as set out in our Confirmation Email.
You are responsible for keeping your username and password (or subsequent iterations of the same) confidential and to not disclose them to any other person for any purpose.
You may need to use a device that meets the system and compatibility requirements to access or use the restricted-access section of our Platform for the purpose of scheduling consultancy sessions or for accessing digital media, which may change from time to time. Please ensure that your device meets these technical requirements.
The images of the Products on our Platform are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that the Products will conform in every respect to those images. Products that you purchase may vary slightly from those images.
The packaging of our Physical Products may vary from that shown in images on our Platform.
We will deliver the Physical Products to the address as specified in your order as soon as reasonably possible on or about the estimated delivery dates as set out in our Confirmation Email. In general, we engage the services of third party delivery services or couriers (“Delivery Services”) to deliver the Physical Products to you. The costs of delivery will be as displayed to you on our Platform.
We may need certain information from you so that we can supply the Physical Products to you. If so, this will have been stated in the description of the Physical Products on our Platform. We may contact you to ask for further information that is necessary for our supply of the Physical Products to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either terminate the contract and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
If, after a failed delivery to you, you do not re-arrange delivery or to collect the Physical Products, and the Physical Products are returned to us as a consequence, we will exercise reasonable efforts to contact you to re-arrange delivery or collection. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
If our supply of the Physical Products is or may be significantly delayed, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
You will become the owner of the Physical Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
By purchasing the Digital Products, you are purchasing a non-exclusive license to access the digital media in a restricted-access section of our Platform for a stipulated period and all rights, title and interest in the Digital Products (including any content offered through the Digital Products) not expressly granted to you in these terms are reserved by us.
We may need certain information from you so that we can supply the Digital Products to you. If so, this will have been stated in the description of the Digital Products on our Platform. We may contact you to ask for further information that is necessary for our supply of the Digital Products to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either terminate the contract and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
If we become aware of a failed delivery to you, we will exercise reasonable efforts to contact you to re-arrange delivery. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may terminate the contract and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
If our supply of the Digital Products is or may be significantly delayed, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Consultations are scheduled through our website at https://domanbabies.myshopify.com/ Consultations are generally available at the following times:
(a) Monday to Friday: 9:00 am to 5:00 pm
(b) Saturday: 9:00 am to 12:00 pm
While we will do our best to accommodate your requirements, we are unable to guarantee availability. If you would like to schedule any consultations outside of our usual hours, please let us know and we will assess the availability of such consultations on a case-by-case basis.
Consultations must be scheduled at least 48 hours in advance. Any request for cancellation or rescheduling of consultations must be submitted through our Platform at least 48 hours before the original scheduled consultation. If you do not do so, we reserve the right to refuse cancellation or rescheduling, and will treat the consultation as having been proceeded with unless the cancellation or rescheduling is due to:
(a) illness or injury (proven with a valid Medical Certificate); or
(b) extenuating circumstances which will be reviewed on a case-to-case basis.
While we will do our best not to cancel or reschedule any consultations, in the event that this becomes necessary, we will inform you as soon as possible.
We will adhere strictly to the scheduled timing of each consultation. If you are unable to commence the consultation at the scheduled time, we will not be able to extend the timing of the consultation and you will only receive the remainder of the scheduled consultation time.
All consultations must be used within the “Consultation Validity Period”, which begins on the date your order is accepted. The length of the Consultation Validity Period for each program we currently offer is specified below, and where not specified, will not exceed 24 months.
Unless specifically provided for in these terms, no refund will be issued for any unused consultations for any reason, including but not limited to relocation or illness.
All consultations must be used within the “Consultation Validity Period”, which begins on the date your order is accepted. The length of the Consultation Validity Period for each program we currently offer is specified below, and where not specified, will not exceed 24 months.
Unless specifically provided for in these terms, no refund will be issued for any unused consultations for any reason, including but not limited to relocation or illness.
Your use of the Products must be only for personal, non-commercial use. You agree not to use any of the Products, in whole or in part in connection with any public presentation even if no fee is charged.
Your rights when you terminate the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to terminate the contract:
(a) If any of the Physical Products you have bought is faulty or misdescribed, please see Clause 14 to understand what rights you may have to terminate the contractor to get the Physical Product repaired or replaced or to get some or all of your money back.
(b) If you want to terminate the contract because of something we have done or have told you we are going to do, see Clause 12.2.
Subject to Clause 12.3, if you are terminating a contract for a reason set out below the contract will terminate immediately, we will refund you in full for any Products which have not been provided and you may also be entitled to compensation:
(a) we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
(b) you have a legal right to terminate the contract because of something we have done wrong (including because we have failed to deliver the Products); or
(b) there is a risk that delivery of the Products may be significantly delayed because of events within our control.
Please note that we are not able to offer refunds for Digital Products. Where a purchase includes any Digital Product and it is not immediately evident what proportion of the purchase price is attributable to the Digital Products, our decision on such proportion will be final.
If you wish to terminate the contract with us for any reason, please email our customer services at hello@domanbabies.com with your order number and explain why you wish to terminate the contract.
We may terminate the contract for a Product at any time:
(a) for the reasons set out in Clause 8.2 or 8.3;
(b) for the reasons set out in Clause 9.2 or 9.3;
(c) if we reasonably determine that you have violated any of these terms; or
(d) if the supply of any of the Products to you would be a or contribute or result in the contravention of applicable laws, rules or regulations.
Upon our termination of the contract with you:
(a) we will not refund any part of the amounts paid by you;
(b) we may have the right to make a charge of a reasonable sum to compensate us for any extra work that is required or losses that are suffered as a result; and
(c) your rights under Clause 9.1 (if any) will immediately cease and we may terminate your access to the Digital Products without notice and without refund to you.
We warrant that on delivery, the Physical Products will:
(a) be of merchantable or satisfactory quality;
(b) be fit for purpose held out by us;
(c) be free from material defects in design, material and workmanship; and
(d) conform with their description given on our Platform in all material aspects.
Any warranty given by us under this Clause does not apply to any defect in the Physical Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
(c) your failure to operate or use the Physical Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
(d) any alteration or repair by you or by a third party; or
(e) us following any of your specification or requests.
If you become aware of any defect in all or part of the Physical Products delivered, you must:
(a) give notice in writing to us as soon as practicable; and
(b) return the allegedly defective Physical Products to us (either by delivering the Physical Products to us or allowing us to collect or arrange for collection of them from you).
Where the Physical Products returned under Clause 14.3 are found to be defective we will, at our option, repair or replace the defective Products, or refund the price of such defective Physical Products in full. We have no further liability to you for defective Physical Products upon replacement, repair or refund of the defective Physical Products.
The price of the Products and Consultancy Services will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the prices advised to you are correct. However, please see Clause 15.2 for what happens if we discover an error in the prices of Products or Consultancy Services you order.
It is always possible that, despite our best efforts, some of the Products or Consultancy Services we sell may be incorrectly priced. If the correct price for the Products or Consultancy Services at your order date is less than the price stated to you, we will charge the lower amount; but if it is higher than the price stated to you, we will contact you for your instructions before we accept your order.
We accept payment by bank transfer and online payment methods.
Payment must be received by us before we deliver any Products or Consultancy Services.
Notwithstanding any other provision in these terms, we will not be liable for any failure to deliver any Products or Consultancy Services or any delay in doing so or for any damage or defect to the Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, any default wilful or negligent or otherwise of a Delivery Service, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Subject to Clause 16.3:
(a) all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
(b) we will not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products or Consultancy Services; and
(c) our total liability to you for all losses arising from or in connection with the provision of the Products and/or Consultancy Services will be limited to the total sums received by us for the Products and/or Consultancy Services.
Nothing in these terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible at [weblink to privacy policy]. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to terminate the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided and unused consultations.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any rights to enforce any of its term.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing any of our rights, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make payment and we do not chase you but we continue to provide the Products or Consultancy Services, we can still require you to make the payment at a later date.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore.
Before commencing proceedings in court for any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims), you must take the following steps:
(a) You must notify us of the dispute or claim, and negotiate with us in good faith towards the resolution of the dispute or claim.
(b) If we are unable to resolve the dispute or claim after 1 month of good faith negotiations, then the dispute or claim will be referred to mediation under the auspices of the Law Society Mediation Scheme, or such other mediation scheme that we may specify in writing. Mediation is a process where independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You will only be able to commence proceedings in court after taking the aforementioned steps in good faith. Until the conclusion of the mediation process, you agree that you will keep the dispute or claim confidential and will not publicise the dispute or claim (for example by posting on social media).
This policy sets out the basis on which Doman Babies Pte. Ltd. (UEN 202001957R) (together with our subsidiaries, our holding company, subsidiaries of our holding company from time to time, collectively called “Doman” or “we”) collects information from and about you and how we process data containing such Information.
By visiting our website at https://domanbabies.myshopify.com/ or our other marketing sites including our Facebook page [website address] and Instagram page [website address] (our “Platform”), you accept and consent to the practices set out below.
For the purposes outlined in Clause 2, we may collect and process the following information:
(a) Information you give us - information that you provide us (which may include your name, address, email address, telephone number, credit card information and other personal description) by filling in forms on our Platform or by corresponding with us (by phone, email or otherwise), including:
(i) when you report any problem to us;
(ii) when you use certain features on our Platform;
(iii) when you request any support from us; or
(iv) when you complete any survey or questionnaire we send you.
(b) Information we collect about you - information automatically collected when you visit our Platform, for example:
(i) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet and your log-in information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; or
(ii) information about your visit, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Platform (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
We only retain data containing such information for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.
We use information collected from and about you for the following purposes:
(a) providing, improving and developing our products or services;
(b) researching, designing and launching new features, products or services;
(c) presenting content and information in our Platform in the most effective manner for you and for the device you use;
(d) providing you with alerts, updates, materials or information about our products or services or other types of information that you requested or signed up to;
(e) complying with laws and regulations applicable to us in or outside of Singapore;
(f) responding or taking part in legal proceedings, including seeking professional advice;
(g) for direct marketing purposes (please see further details in Clause 2.2 below);
(h) communicating with you and responding to your questions or requests; and
(g) purposes directly related or incidental to the above.
We intend to use your personal data in direct marketing (i.e. offering or advertising products or services by sending the relevant information directly to you). We require your consent specifically for this purpose and you may opt out any time. For the purpose of this Clause:
(a) the personal data that may be used in direct marketing are those that you provide to us or we collect about you under Clause 1.1 above;
(b) the type of services or products that may be offered or advertised will be our products or services, seminars, conferences or events, and those of our affiliates or business partners;
(c) the relevant marketing information may be sent to you by post, email or mobile message; and
(d) you may opt out any time by calling our customer service team at 9383 1271 or sending us an email at hello@domanbabies.com. We will cease to send you marketing information after a reasonable time required for us to update our database and processes.
We will keep your personal data we hold confidential but you agree we may provide information from and about you to:
(a) any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in Section 5 of the Companies Act (Chapter 50);
(b) personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services (for example staff engaged in the fulfilment of your order, the processing of your payment and the provision of support services);
(c) our overseas offices, affiliates, business partners and counterparts (on a need-to-know basis only);
(d) persons under a duty of confidentiality to us;
(e) persons to whom we are required to make disclosure under applicable laws and regulations in or outside of Singapore; or
(f) actual or proposed transferees of our operations (or a substantial part thereof) in or outside of Singapore.
Our Platform may use cookies to distinguish you from other users of our Platform. This helps us to provide you with a good experience when you browse our Platform and also allows us to improve our Platform.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree to the use of cookies. Cookies contain information that is transferred to your computer's hard drive.
We may use persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Platform or a partner Platform that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
We may use the following cookies:
(a) Strictly necessary cookies – These cookies are required for the operation of our Platform. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
(b) Analytical/performance cookies – These cookies allow us to recognise and count the number of visitors and to see how visitors move around our Platform when they are using it. This helps us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily.
(c) Functionality cookies – These cookies are used to recognise you when you return to our Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
(d) Targeting cookies – These cookies record your visit to our Platform, the pages you have visited and the links you have followed. We will use this information to make our Platform and the information displayed on it more relevant to your interests.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you do so, you may not be able to access all or parts of our Platform.
We may use third party web services on our Platform. The service providers that administer these services use technologies such as cookies (which are likely to be analytical/performance cookies or targeting cookies), web server logs and web beacons to help us analyse how visitors use our Platform and make the information displayed on it more relevant to your interests. The information collected through these means (including IP addresses) is disclosed to these service providers. These analytics services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.
Our Platform or our communication with you may from time to time contain links to third party websites over which we have no control. If you follow a link to any of these websites, please note that they have their own practices and policies. We encourage you to read the privacy policies or statements of these websites understand your rights. We accept no responsibility or liability for any practices of third party websites.
All information you provide to us is stored securely.
Any payment transactions will be encrypted using TLS/SSL technology. [Note to Edelo: Does Shopify have this?]
Where we have given you a unique username and password that enables you to access certain parts of our Platform, you are responsible for keeping your username and password (or subsequent iterations of the same) confidential and to not disclose them to any other person for any purpose.
We restrict access to information from and about you to our employees, service providers and contractors on a strictly need-to-know basis and ensure that those persons are subject to contractual confidentiality obligations.
We review our information collection, storage and processing practices from time to time to guard against unauthorised access, processing or use.
Please note, however, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk.
You have the right to:
(a) check whether we hold personal data about you;
(b) access any personal data we hold about you; and
(c) require us to correct any inaccuracy or error in any personal data we hold about you.
Any request under Clause 7.1 may be subject to a small administrative fee to meet our cost in processing your request.
We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect means that you agree to be bound by the revised policy.
If you have any questions, comments or requests regarding personal data, please address them to:
The Data Protection Officer
T: 9383 1271