These Terms and Conditions of Online Sale & Accounts (“Terms of Sale”) governs all products sold or offered for sale by Tupperware Malaysia Sdn Bhd (“Tupperware”) through the Tupperware e-commerce shop at https://shop-em.tupperwarebrands.com.my (“eTuppStore”). Please read the Terms of Sale carefully before making a purchase through the eTuppStore.
By purchasing Tupperware products through the eTuppStore, you accept and agree to the Terms of Sale. Tupperware shall have the right to modify, update or amend the Terms of Sale from time to time. By continuing to purchase Tupperware products through the eTuppStore, you shall be deemed to have accepted such modifications, updates and/or amendments. If you do not agree with the Terms of Sales, you shall refrain from purchasing and/or cancel any purchase of Tupperware products.
Nothing in these Terms of Sale shall prejudice or limit rights granted by applicable mandatory laws.1. REGISTRATION OF USER ACCOUNT
Tupperware offers various types of user accounts (“Account”) that you may register for. The services, features or perks accessible to you will be based on the Account Type registered with Tupperware.
You agree that the registration, use or operation of any Account is subject to your continued provision of consents and observance of the conditions herein at all times.A. Guest Account
Registering for a Guest Account will allow you to purchase Tupperware products through the eTuppStore.
You may create a Guest Account by providing a valid email address, and any other information indicated as required.
You will receive a confirmation through the email address you have provided upon successful creation of the Guest Account.
B. Use of 3Party Apps to register an Account
You may register an Account by signing in or creating an Account using credentials or profiles you have established with third party services such as Facebook®, Google®, Twitter®, LinkedIn® or other third party platforms (“3P Apps”). Tupperware is not liable or responsible for or in any way accountable for the practices, security, conduct, actions or omissions of the operators of the 3P Apps, the use of which are subject to separate terms between you and such operators. The establishment, use, maintenance or operation of any Account through a 3P App will be subject to the continued availability and use of such 3P Apps, including your compliance with the terms and conditions of your agreement with the operators of 3P Apps.
You consent and agree to Tupperware interfacing and connecting with such 3P to collect any personal data as may be necessary for Tupperware:
- to execute any verification of identity to establish an Account,
- to create and maintain a user profile on the eTuppStore and in relation to your Account
- to facilitate and execute transactions or use of services on the eTuppStore
- to provide and improve the provision of services on the eTuppStore to you as may be relevant or in connection with the eTuppStore, and
As a condition of registering, operating or maintaining your Account:
- you are required to provide (and maintain up to date) full, accurate and current information and particulars concerning your identity; and
- you may be required to submit documents (including but not limited to photo ID, national identification numbers such as NRIC, passport, FIN, or other government issued documentation, current utility bills, or other similar documentation), as Tupperware may require through its e-forms or through email or other communications or notices to you.
Where so, you agree to comply to such requirements and that your Account may be terminated or suspended (along with any the commencement, continuation or applicability of any Membership, privileges, benefits, rights, or any transaction, any agreement as Preferred Customer / business builder / consultant, or accrued rights) until such time as Tupperware is reasonably satisfied as your identity. You agree to comply with such requests or requirements Tupperware may have in this regard.D. Termination Suspension of Account
Tupperware reserves the right to terminate or suspend any Account: (i) which it deems in its sole and absolute discretion to be (where it has become) improperly or unlawfully used, maintained or operated, including but not limited to where such Account has been established, operated, or used to commit fraud, impersonation, spoofing, phishing, deceit or which creates a risk of harm of any nature to Tupperware, its affiliates or any other users; or (ii) for the purposes of enforcing its rights or complying with applicable law or regulations.E. ADDITIONAL RIGHTS OF DISCLOSURE
You agree we have the right to provide or disclose (to any court or authority, any telecommunication company, financial institution, service provider and/or network provider involved in the operation or management of your Account, any transactions or activities arising from or in connection with the Account), from time to time, any information, whatsoever relating to your Account as we may, in our absolute discretion, consider necessary to comply or assist with any order, warrant, judgment, law, regulation or authority in any jurisdiction. You agree that, notwithstanding anything stated here, such provision or disclosure may not be with any copy, notification or advance notice to you including (but not limited to, situations where this is prohibited).2. OBLIGATIONS IN RELATION TO YOUR ACCOUNT
By completing the registration procedures displayed on the relevant registration page(s) of the eTuppStore or any other website operate by Tupperware, you acknowledge and agree that you are providing, and you will maintain, accurate, current and complete information for your Account, as required by Tupperware.
Your Account password should be unique and kept secure. You must notify Tupperware immediately of any breach of security or unauthorized use of your Account. Tupperware shall not be liable for any losses caused by any unauthorized use of your Account.
Notwithstanding anything stated in any document or communication, Tupperware may in its sole discretion or for any reason, reject your application for an Account, or cancel an existing Account for breach of any of the terms in these Terms of Sale.
A. YOUR CONDUCT AS AN ACCOUNT HOLDER
You agree that you will not establish, use, maintain or operate your Account or engage in any activity in connection with your Account:
(i) that is illegal, deceptive, fraudulent, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
(ii) that is to facilitate to engage in the posting of any malware, chain letters, mass mailings, or any form of "spam";
(iii) that is contrary to public interest, public morality, public order, public security, national harmony, or otherwise be prohibited by applicable laws or regulations;
(iv) that will impair or undermine or threaten the security or integrity of any website, device, accounts, computer systems or networks of Tupperware or its affiliates (including but not limited to damaging, disabling, overburdening, or impairing the functionality or features of the same);
(v) that will attempt to copy, reproduce, download, re-publish, reverse assemble, decompile, sell, distribute, resell the content of eTuppStore;
(vi) that will index, inventorise, systematically retrieve any content of eTuppStore, directly or indirectly create, or compile a database, or directory, or other work (whether through automatic or manual processes) from or in connection with the of eTuppStore.
You agree to to update your password (immediately on initial issuance and thereafter, regularly) and any security credentials required to access, maintain, operate or use your Account, and to apply best practices in doing so. You acknowledge agree that you are responsible for keeping your own password or any security credentials, including (but not limited to) not sharing the same with (or enabling the use of the same by) any other person at any time. You agree that Tupperware is entitled to treat any activity in connection with your Account as being attributable to you and that it owes no duty to question or authenticate the origin and validity of the same.
3. PURCHASE OF TUPPERWARE PRODUCTS
Purchase of Tupperware products through the eTuppStore shall be subject to the following terms and conditions:
A. Product Description and Display
While Tupperware attempts to be as accurate as possible in the description and on-screen display of the colours and designs of the Tupperware products on the eTuppStore (“Description and Display”), it does not warrant that all Description and Display of the Tupperware products are accurate, complete, reliable, current, or error-free. The Description and Display of the Tupperware products on the eTuppStore may differ from the actual appearance or size of the Tupperware products.
B. Placing an Order
You may place an order through the eTuppStore (“Order”) by clicking on the “Check Out” button and making all payments in full (plus any applicable delivery and handling charges). Tupperware will not accept Orders placed in any other manner. Items added to your shopping bag or cart are not reserved, and may be purchased by other customers.
You shall be responsible for ensuring the accuracy of the Order. All Tupperware products sold are final, non-cancellable and non-refundable, except as expressly provided in paragraph 4C of this Terms of Sales, and Return, Exchange and Refund Policy at https://shop-em.tupperwarebrands.com.my/pages/shipping-returns.
All orders are subject to acceptance and availability, which is subject to confirmation by Tupperware. Each Order is accepted only after Tupperware has accepted your payment, and dispatched your Order (“Acceptance”). Prior to Acceptance, Tupperware shall not be party to any legally binding agreements or promises made between you and Tupperware for the sale of, or other dealings with, the Tupperware products, and shall not be liable for any loss, liability or damage arising thereof. You acknowledge that any Order number issued by Tupperware, or automatic email acknowledgement of your Order, does not constitute an Acceptance of your Order.
Tupperware may keep records of all Orders, Acceptances and any other related documentation for a reasonable period after Acceptance.
C. Cancellation of an Order
Tupperware will cancel your Order, if for any reasons, Tupperware is unable to accept your Order, including in instances where the product you have ordered is unavailable.
All prior payments that you have made for the Tupperware product will be refunded to you if the Order is cancelled in the above circumstances.
D. Warranty & Exclusion
For information on Warranty for Tupperware products, please visit https://shop-em.tupperwarebrands.com.my/pages/waranty which are incorporated as part of these Terms of Sale.
E. Return, Exchange and Refund Policy
If any Tupperware products ordered by you arrives damaged, or if you are not satisfied with the Tupperware products received, you may have rights under Tupperware’s Return, Exchange and Refund Policy, for such Tupperware products to be replaced, or receive a refund of the price paid by you for the Tupperware products. For information on the Return, Exchange and Refund Policy for Tupperware products, please visit https://shop-em.tupperwarebrands.com.my/pages/shipping-returns
F. Offers / Gifts
You acknowledge and agree that, notwithstanding the payment of any Membership Fees, the purchase of any products or any advertising, invitation to treat or offer:
(i) any free gifts to be provided on subscription to Membership as a Preferred Customer and/or Business Builder is subject to availability;
(ii) Tupperware makes no warranty that any privilege or benefit as communicated will be available, continued or provided as indicated; and
(iii) in the event of any unavailability, Tupperware reserves the right to substitute a different privilege or benefit of a comparable or equivalent amount or value as Tupperware may deem fit.
4. PRICING, CURRENCY AND TAXES
Unless otherwise stated, prices of Tupperware products shown on the eTuppStore are in Singapore dollars inclusive of GST and excludes delivery charges.
All prices and offers are valid as advertised from time to time, until amended or removed from the eTuppStore. The relevant price of a Tupperware product displayed on the eTuppStore at the time the Order is placed will be honoured, except in cases of patent error.
Images of Tupperware products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, accessories shown in any image of Tupperware products are not included in the price.
All payment must be made in full prior to Acceptance by Tupperware, including any applicable delivery or handling charges, using the payment methods as provided for on the eTuppStore. Payment will be debited and settled from your account before the Tupperware products are dispatched.
For payment by credit or debit cards, you warrant and confirm that you are (or are authorised by) the person to whom the credit/debit card used is issued to and whose name appears on the credit card. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to Tupperware, we will not be liable for any delays or non-delivery.
Tupperware shall not be liable for any exchange rate losses incurred by you as a result of any credit card or other transactions effected on the eTuppStore, or any damages or consequential losses suffered by you, where a credit card or savings account is fraudulently used, or is used in an unauthorised manner.
6. DELIVERY OF TUPPERWARE PRODUCTS
Orders placed on the eTuppStore can only be delivered in Singapore. Subject to Acceptance, Tupperware will deliver the Order to the address provided by you, and in accordance with the Shipping Policy https://shop-em.tupperwarebrands.com.my/pages/shipping-returns
Any delivery time lines stated in the Shipping Policy or in any other acknowledgements are for indicative purposes only. Tupperware will endeavour to keep within such time lines, but shall not be liable to you in respect of any delay. Tupperware shall not be responsible for delivery failures or delays by the third-party delivery contractor appointed by Tupperware.
Without prejudice to the foregoing:
(i) in the event no one is available to accept delivery on the pre-arranged delivery date, Tupperware reserves the right to charge you for any additional costs incurred arising from such failed delivery.
(ii) title to and risk of loss of your Tupperware products will pass to you on delivery of the Tupperware products.
7. EXCLUSION AND LIMITATION OF LIABILITY
To the extent permissible by law, and without prejudice to Tupperware’s Warranty and/or Return, Exchange and Refund Policy, Tupperware shall not be liable for damages or losses arising from:
(i) any use of the Tupperware products that is inconsistent with the specifications or instructions provided by Tupperware, and/or the intended purpose of the Tupperware products; or
(ii) your negligence.
OTHER THAN AS EXPLICITLY STATED IN THESE TERMS OF SALE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ETUPPSHOP (AND ANY SERVICES, FUNCTIONS OR FEATURES ACCESSIBLE OR PROVIDED WITH THE SAME), AND ANY PRODUCTS OR SERVICES PROCURED OR PURCHASED THROUGH THE ETUPPSHOP ARE PROVIDED ON "AS IS BASIS" (AS DEFINED IN THIS TERMS OF SALE, AND ALSO AS GENERALLY CONSTRUED), "AS AVAILABLE" AND "WITH ALL FAULTS", AND TUPPERWARE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONFIDENTIALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, NON-BREACH ANY LAW, TIMELINESS, CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, CORRECTNESS, RELIABILITY, SECURITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT TUPPERWARE WILL NOT BE LIABLE FOR ANY LOSS OR PROFITS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL LOSS, HOWSOEVER ARISING, arising out of your access to or use of the ETupPStore or any Tupperware products purchased on it, AND WHETHER OR NOT THEY ARE FORESEEABLE AND EVEN IF TUPPERWARE, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
Without limitation to the foregoing, except as expressly provided in these Terms OF SALE, and to the fullest extent allowed by the law, Tupperware, its officers, directors, employees, or agents will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the ETupPStore or any Tupperware products purchased on it.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, TUPPERWARE IS FOUND liabLE for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Tupperware products or any other breach of Tupperware’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the affected Tupperware product. THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY LOSS ARISING FROM DEATH OR PHYSICAL INJURY TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF LOSS FROM THE SAME IS UNLAWFUL.
You must be at least eighteen (18) years of age to create an Account or place an Order. Tupperware reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind Tupperware may suffer as a result of a transaction entered into by a minor.
10. FORCE MAJEURE
Tupperware will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event Tupperware may elect to cancel your order and refund any payments made.
11. APPLICABLE LAW
The laws of Singapore shall govern both these Terms of Sale and any dispute that might arise between you and Tupperware in relation to your use of the eTuppStore and these Terms of Sales.
The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Sale and your use of this eTuppStore (including a dispute regarding the existence, validity or termination of these Terms of Sale (a “Dispute”). You agree that the courts of Singapore are the most appropriate and convenient courts to settle a Dispute and will not make any argument to the contrary.
12. ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between Tupperware and you with regards to your ability to purchase Tupperware products from the eTuppStore. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing.
If any term of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms of Sale, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
The failure by Tupperware to exercise or enforce any right or provision under these Terms of Sale will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms of Sale will only be effective if it is in writing and signed by Tupperware.
Any notifications, updates, or notices by Tupperware will be sent to your last known email address that you have provided to Tupperware, and shall be deemed to have been received by you at the point at which such email is sent by Tupperware. It is your obligation to maintain and ensure that your email address is updated and current at all times.
Effective: 20 December 2021