Terms and Conditions
Laku6 reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
These Terms apply to all users of the site and Services, including without limitation, users who are sellers, buyers, or contributors of content, information and other materials.
If you are using the site and Services and/or entering into this Agreement on behalf of a corporation, partnership, registered business, society, unincorporated association, or other business entity (“Business Entity”):
a. the terms “you” and “your” in these Terms shall mean you as an individual as well as the Business Entity, unless the context does not permit; and
b. by using the site and/or the Services, you hereby represent and warrant that you are duly authorised to act on behalf of the Business Entity, and that these Terms are binding upon the Business Entity.
2. Service Description
Laku6 provides an AI-first end-to-end electronics recommerce platform, as part of its vision to make secondhand a priority choice for users. With such proprietary AI-first diagnostic technology Laku6 provides the capabilities for users to remotely inspect the condition of secondhand mobile phones in just under two minutes.
Services provided by Laku6 include, without limitation:
a. an online platform that facilitates the sale of second-hand mobile phones (“Second-hand Device”), through the sale of such Second-hand Devices directly to Laku6;
b. a mobile phone grading and diagnostics service (“Diagnostic”) as part of the sale service, to verify the condition of the Second-hand Device and provide an estimated resale value of such Second-hand Device. Each Second-hand Device coming to us will go through an extensive testing process where we assess its condition. Second-hand Devices will be diagnosed by their visual appearance, functionality, and capacity.;
c. a trade-in service that facilitates the sale of your Second-hand Device to Laku6, in exchange for credits (or the equivalent) to offset the purchase price of a new device from our authorised partners;
d. all other related services provided by Laku6 and its agents and/or employees. (collectively, the “Services”).
3. Use of the Service
By using the site and/or Services, you agree not to:
a. violate any relevant rule, law or regulation in connection with your access to or use of the site and/or Services;
b. solicit or be involved in the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction, or otherwise be involved in any form of criminal activity, including but not limited to terrorism financing and money laundering;
c. use the site and/or Services for any purpose other than the purposes for which they are provided by Laku6;
d. reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the site and/or Services;
e. deliberately interfere with or hamper the working and performance of the site and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the site and/or Services;
f. use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the site and/or Services;
g. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Laku6 or any of Laku6’s authorised representatives to protect the site, Services, and/or intellectual property owned by Laku6, or attempt to do any of the foregoing;
h. act in any way that may potentially infringe any trademark, copyright, patent or other proprietary right of any party;
i. modify, translate, or create derivative works based on any element of the site and/or Services;
j. modify, reproduce, adapt, or publicly distribute any materials or content on this site without the prior written approval of Laku6;
k. collect, use, disclose or process personal data of other individuals unless you have obtained their express and valid consent; and
l. attempt to obtain unauthorised access to the site and/or the Services.
3.2. By using the site and/or Services, you agree that:
a. any information and documentation you provide to Laku6 is true, correct and complete, and you agree to immediately notify Laku6 of any changes to such information;
b. you will not falsify information, impersonate others or otherwise misrepresent your relationship with or authority to represent any persons or entities;
c. you will comply with all notices, guidelines, rules and instructions pertaining to use of the site and/or the Services as issued in writing by Laku6 from time to time;
d. any breach of these Terms may result in the suspension or termination of your Account (defined below) and right to use the site or Services and possible legal action being taken against you;
f. all products, packages, and promotions offered by Laku6 are exclusive to Laku6; and
g. you have obtained all relevant and necessary consents before posting, providing, or submitting the personal data of third parties.
4.1. To use the Services and certain functionalities of the site, you must have a valid account on the site or a valid Laku6 account (“Account”) which may be introduced at various points of the Services received. When you create an Account, you represent and warrant that:
a. If you are an individual, you are at least 18 years of age.
b. If you are representing a Business Entity, you have authority to bind the Business Entity to these Terms.
c. You are capable of entering into and performing legally binding contracts under applicable law.
d. All information which you provide is accurate, up to date, truthful and complete.
4.2. If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
4.4. You are solely responsible for, and bear the risk of, all activities carried out under or pursuant to your Account, whether or not such use is authorised by you. Laku6 shall not be responsible for controlling or monitoring the use of your Account, or for any losses that may be suffered by you or any third party as a result of any unauthorised use of your Account. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential.
4.5. The Account is non-transferable.
4.6. You agree to be solely responsible for all your online activities and communications conducted through your Account. You agree and acknowledge that Laku6 will deem all transactions entered into and activities conducted using your Account as transactions entered into and activities conducted by you, and you agree to be liable for all such transactions and activities. You agree that Laku6 will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) (collectively “Loss”) arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account.
4.7. If you are aware of or have a cause for suspicion regarding any unauthorised use of your Account, or theft, loss, or unauthorised disclosure of your Account’s log-in details, you must notify Laku6 immediately at: firstname.lastname@example.org. Laku6 will investigate and respond to your notification within a reasonable time and reserves the right to suspend your Account until the matter is resolved.
4.8. Any breach of these Terms may result in immediate termination or suspension of your Account without prior notification.
4.9. All outstanding transactions and amounts due to Laku6 must be settled before your Account is closed, whether such closure is initiated by you or by Laku6.
5. Sell to Us
5.1. You can now sell your Second-hand Device directly to us and get paid for it instantly. Sitting at the comfort of your homes, you can get a quote for your phone and choose how you want to sell your device. You can then, at no additional cost, arrange for a Carousell courier agent to pick-up your Second-hand Device.
5.2. If you choose to sell your Second-hand Device to Laku6, the following terms will apply to you. You acknowledge and agree that
a. You are at least 18 years of age;
b. You are the legal owner of the Second-hand Device and you have the entire right, title and interest in and full authority to sell the Second-hand Device;
c. The Second-hand Device shall be sold and delivered to Laku6 free and clear of all liens, encumbrances, security interests and other claims against title;
d. The Second-hand Device was not obtained through any illegal means and is not stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty or which has been transferred by the commission of gang-robbery, and does not, in whole or in part, directly or indirectly, represent another person’s benefits from criminal conduct;
e. Laku6 shall be entitled to conduct a Diagnostic scan of the Second-hand Device;
f. The sale price of the Second-hand Device (to be communicated to you by Laku6) upon completion of the Diagnostic scan as the final sale price. In the event you opted for a pick-up or trade-in appointment, the sale price displayed as at the appointment booking stage is only an indication of the estimated offer;
g. You shall backup all data on your Second-hand Device and all confidential and/or personal data shall be permanently wiped and deleted via a factory reset from the Second-hand Device prior to being handed over to Laku6;
h. (Where applicable) You have taken all action necessary to authorise the execution and delivery of the sale and performance of your obligations under these Terms; and
i. Laku6 reserves the right to reject the purchase of your Second-hand Device (i) if they fail to meet our quality and verification checks; (ii) if they appear to have missing and broken parts, with extensive wear and tear; (iii) if they do not conform to the categories of goods we accept; or (iv) for any reason, at our discretion.
5.3. If you are authorising a third party to conduct the pick-up of your Second-hand Device, you shall provide a physical copy of an authorisation letter and your photographic identification to our authorised courier agent. Such third party will also need to present a photographic identification to confirm their identity. A template of the authorisation letter is set out below. Please also provide us with the full name (as per NRIC) and contact number of the authorised third party two (2) business days before the pick-up for verification purposes.
6. Trade-in with our authorised partners
6.1. You may choose to visit one of our authorised partners (“Partner”) to trade-in your Second-hand Device for a new device. Our trade-in services (“Trade-In”) facilitate the sale of your Second-hand Device, in exchange for credits (or the equivalent, as may be issued or determined by our Partner) to offset the purchase price of a new device from our Partners.
6.2. If you choose to Trade-in, the following terms will apply to you. You acknowledge and agree that:
a. Laku6 is the party purchasing your Second-hand Device and the Partner is responsible for issuance of credits (or the equivalent, as may be determined by our Partner) and the sale of the new device. Clause 5 above shall apply.;
b. Laku6’s relationship with any Partners is that of an independent contractor, and neither party has authority to make any representations or commitments on behalf of the other nor is responsible for the product and/or services offered by the other party;
c. Each of Partner and Laku6 may have its own terms and conditions to which you must agree to before participating in the trade-in;
d. Laku6 makes no representations or warranties, whether express or implied, including any warranty as to title, non-infringement, the authenticity, correctness of description, satisfactory quality, merchantability, condition, state of repair, or suitability or fitness for any particular purpose or use of any services provided by and/or device, product or item sold by the Partner and all such representations and warranties are excluded to the fullest extent permitted by applicable law;
e. Laku6 shall not be liable for any damages, loss, cost or expenses arising as a result of the use of or inability to use the Product or otherwise relating to the Product;
f. To the fullest extent permitted by law, Laku6 shall not be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your purchase of the new device from our Partner; and
7. Buy from Laku6
7.1. All items that we offer for sale (each a "Product", collectively known as “Products”) are items which are sold "as is", without any warranties express, implied or otherwise, and however arising.
7.2. By submitting an order for a purchase with us, you acknowledge and agree to the following:
a. the Product has undergone our Diagnostics scan;
b. while Laku6 will use its best efforts to inspect the condition of the Product with its Diagnostics scan, the Diagnostics scan of the Product is performed independently by us and does not amount to any representation or warranty by Laku6, whether express or implied, as to the authenticity, correctness of description, quality, merchantability, condition, state of repair and suitability or fitness for any particular purpose or use of the Product;
c. any inspection and authentication services that Laku6 may perform shall be merely for its own purposes and are not intended to be relied on by you;
d. we may communicate and/or include images of the Product, text descriptions, price, measurements, and other information. The colour of the Products as displayed on the images may slightly differ from the actual colour, depending on lighting conditions and variances in computer screen displays.
e. all existing defects and limitations of the Product known to Laku6 have been made known to you prior to your purchase;
f. title to the Product shall be transferred from Laku6 to you only upon full receipt of all amounts due and payable by you under these terms, regardless of whether you are in possession of the Product;
g. Laku6 makes no representations or warranties, whether express or implied, including any warranty as to title, non-infringement, the authenticity, correctness of description, satisfactory quality, merchantability, condition, state of repair, or suitability or fitness for any particular purpose or use of the Product, and all such representations and warranties are excluded to the fullest extent permitted by applicable law;
h. Laku6 shall not be liable for any damages, loss, cost or expenses arising as a result of the use of or inability to use the Product or otherwise relating to the Product; and
i. To the fullest extent permitted by law, Laku6 shall not be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your purchase of the Product.
7.3. You represent and warrant that
a. you have the full power and authority to enter into the purchase and to carry out the transactions contemplated by you;
b. you have taken all action necessary to authorise the execution and delivery of the purchase and performance of your obligations under these terms;
c. the execution and delivery of the purchase by you, and your compliance with the terms hereunder, do not and will not (1) conflict with or result in a breach of any terms, conditions or provisions of, or (2) constitute a default under, any agreement, order, judgment, decree, obligation or instrument to which you are subject; and
d. all statements and particulars made or given to laku6 are and remain true and accurate in all respects and are not misleading in any way.
7.4. You shall be liable for all fees, taxes, duties, tariffs, levies, and other costs and expenses related to or connected with the sale and transfer of the Product and any other incidental costs and expenses in relation thereto (“Incidental Charges”). Where Laku6 is required to pay for such Incidental Charges, you shall promptly reimburse Laku6 therefor in full, before the transfer and the delivery of Product.
7.5. It is hereby declared and agreed that:
a. you have been given reasonable opportunity to inspect and examine the Product;
b. you have found the Product to be of merchantable and satisfactory quality, compliant with the Product details provided by Laku6, in good and proper working condition and suitable or fit for the purpose for which such Product is commonly supplied;
c. you have not, whether expressly or by implication, made known to Laku6 or any of its agents or servants any particular purpose for which the Products are required. You confirm that you relied on your own skill and judgment and have not relied on the skill or judgment of Laku6;
d. where you are not a natural person (i.e. where you are a company, partnership, limited liability partnership, sole proprietorship business or otherwise), you are entering into the purchase in the course of business and are not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003; and
e. in the event you seek any relief or remedy in respect of any non-conformity of the Product pursuant to the Consumer Protection (Fair Trading) Act 2003 or any other applicable law, any reduction in the transacted value of the Product (“Transacted Value”) or any refund of the Transacted Value or price thereof shall not prejudice or affect your liabilities to Laku6 under these terms and you shall remain liable for the full amount of any Incidental Charges as provided under these terms.
8. Fees and Payments
8.1. Depending on the services you may request, you may be charged a fee or charged for the Product you may purchase and/or fees and charges otherwise in relation to your Account (collectively, the “Laku6 Fees”).
You may pay your Laku6 Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your Laku6 Fees through any of the methods as may be made available on through our Services or as may be notified to you from time to time.
8.2. You acknowledge and agree that:
a. Unless otherwise agreed upon, all Laku6 Fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Laku6 Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) access to our Services is suspended or terminated due to a breach of these Terms;
b. You shall make prompt payment of all Laku6 Fees, in full before the due date stipulated by Laku6 for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Laku6, without prejudice to any other rights or remedies available to us, Laku6 shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Laku6 Fees and any legal fees and collection costs incurred by Laku6 in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
c. in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Laku6 reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
d. you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
9.1. In using the Services, you may be offered a delivery option. The terms, method, and information for delivery of your Product order shall be in accordance with these Terms and terms and conditions as set out in any related promotional material.
9.2. It is your responsibility to ensure the place of delivery and contact details for delivery are accurate. The time for delivery shall not be of the essence, and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
9.3. If you are not available to take delivery of your order, we may contact you via the contact details provided by you. We will attempt re-delivery and, in such case, you may be asked to contact the local courier or our customer service team to arrange for re-delivery.
9.4. If delivery of your order fails due to your unreasonable refusal to accept delivery, or if you do not accept delivery (after re-delivery attempts have been made), we may (without affecting any other right or remedy available to us), do either or both of the following:
a. charge you for any costs and expenses reasonably incurred by us; or
b. cancel your order and not make available the Product(s) for delivery, whereupon we will notify you of such cancellation. In such a case, we will refund to you the money paid to us for your purchase via the same payment channel, less any applicable sums incurred by us (including re-delivery attempts and/or any administrative charges arising from such cancellation).
9.5. We reserve the right to invoice you all such costs incurred by us or deduct from the balance that you may have in your Account (if applicable).
All sales to Laku6 shall be made upon the agreement between Laku6 and you of the sale price of the Second-hand Mobile Device and the acceptance of these Terms. In all cases, the title to the Second-hand Mobile Phone shall pass to Laku6 at such point and your ability as to delivery ceases upon making delivery of the Second-hand Mobile Device to Laku6 or its authorised representatives.
11.1. Laku6 will deploy reasonable security precautions intended to protect against unauthorized access to any data stored by Laku6 in connection with your use of the site and Services. Laku6 will exercise reasonable efforts to deploy corrections within the site and Services for security breaches made known to Laku6. You may not circumvent or otherwise interfere with any user authentication or security of the site and Services.
11.2. You acknowledge that, notwithstanding the security precautions deployed by Laku6, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the site and Services and your data. Laku6 cannot and does not guarantee the privacy, security, integrity or authenticity of any information or data transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
12. Amendments and Modifications
12.1. Laku6 has absolute and unfettered discretion to:
a. make upgrades, changes, alterations, enhancements, and/or modifications to the site and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software;
b. modify, change, update, or revise these Terms;
c. remove, discontinue, suspend, or terminate the whole or any portion of the site or Services; and
d. impose restrictions on certain features or restrict your access to parts of or the entire site or Services,
e. at any time and for any reason (collectively, the “Changes”).
12.2. Laku6 shall not be liable for any Loss arising as a result of or in connection with any loss of or interruption in your access to the site and/or use of the Services due to any Changes.
12.3. Any amendments to these Terms will apply and take effect immediately at the time they are published on this site. It is your responsibility to remain updated on any changes that may be made to these Terms. You shall be deemed to have accepted and affirmed the amended or modified Terms by your continued use of the site and Services following any change to the Terms. Laku6 will not in any event be liable for any Loss resulting from any amendment(s) or modifications to these Terms
12.4. Laku6 shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software or the services of any third party service provider as it deems necessary or appropriate for your access and connectivity to the site or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you may not be able to obtain access and connectivity to the site and/or use the Services.
13. Intellectual Property
13.1. Any and all intellectual property rights embodied in or relating to or used in connection with the site, our Diagnostic software, the Services and all materials and works comprised in or relating thereto, including without limitation:
a. all trade marks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by Laku6;
c. all computer programs, modules, algorithms and/or tools relating to the site and our Diagnostic software (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
d. the graphical user interfaces relating to the site and our Diagnostic software;
e. the compilation, collection, arrangement and assembly of all data, information and content on the site and our Diagnostic software;
f. all other information and content made available on the site and our Diagnostic software; and
g. any other proprietary designations or materials used in association with the site, our our Diagnostic software and/or the Services,
(collectively “Laku6 Materials”), are the property of Laku6, its licensors and/or its affiliates (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. You agree and acknowledge that the use of the site and the use of and access to any Laku6 Materials does not grant or transfer to you any rights, title or interest in relation to the site or any Laku6 Materials.
13.2. You shall not in any way, without the prior written consent of the Owner:
a. copy in whole or in part any Laku6 Materials and/or the site;
b. sell any whole or part of the Laku6 Materials and/or the dite to any third party;
c. copy, reproduce, publish, modify, adapt, upload, post, transmit, distribute, commercially exploit, reverse engineer, disseminate, broadcast, or circulate any whole or part of the Laku6 Materials and/or the site (whether as paid, exclusive, non-shareable content or otherwise); or
d. breach any intellectual property rights arising from or in connection with the Laku6 Materials and/or the site, including by altering or modifying any of the Laku6 Materials and/or the site, causing any of the Laku6 Materials and/or the site to be framed or embedded in another website, or creating derivative works from the Laku6 Materials and/or the site.
14. Sub-contracting by Laku6
Laku6 reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents (collectively, “Service Providers”) to perform any part of the services necessary for providing the site and Services as Laku6 deems appropriate.
15. Personal Data Protection
15.1. You will be required to submit such personal data, payment and credit card information, delivery information and other data and information as may be required to register an Account, process your transactions and payments, arrange for delivery and invoicing, provide the Services, provide site administration, and related services (each a “Permitted Purpose”). By submitting such personal data and information, you consent to the collection, use, processing and retention of such personal data and information by Laku6 and its Service Providers for payment processing services, warehousing and delivery services, and other services necessary for providing the site and Services, as may be necessary for the Permitted Purposes applicable to each such entity.
16.1. By using the site and/or Services, you agree to indemnify, hold harmless, and defend Laku6, its affiliates, officers, directors, employees and agents, to the fullest extent permitted by applicable law, from and against any and all Loss incurred, arising out of or relating to:
a. your access to, reliance on, and/or use of the site, Services, and/or Laku6 Materials;
b. any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;
c. any actual or alleged violation of any third party right, including without limitation any intellectual property or data protection right;
d. your failure to comply with any applicable laws and regulations in connection with your use of the site, Services, and/or Laku6 Materials;
e. Your failure to comply with Clause 5.2(g) and any data loss, actual or alleged violation of any data protection right arising from an improper deletion or removal of confidential and/or personal data from the Second-hand Device prior to being handed over to Laku6;
f. any claim that your use of the site caused loss, damage, injury or death to a third party; and/or
g. any other liabilities incurred through your use of the Services including the site.
16.2. The above indemnification obligation will survive the expiry or termination of this Agreement, and your use of the site and/or Services.
17. Disclaimer of Warranties
17.1. Laku6 is not affiliated, associated, authorised, endorsed by, or in any way officially connected with the brands it carries, any of its subsidiaries or affiliates. The brand names, marks and emblems are registered trademarks of the respective owners.
17.2. To the fullest extent permitted by applicable law and unless expressly agreed otherwise in writing, Laku6, its Service Providers, their respective affiliates, licensors, directors, officers, agents, and employees expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros.
17.3. Laku6 will use reasonable efforts to keep the site and Services operational. However, you acknowledge and agree that there will be circumstances that may, from time to time, result in temporary interruptions or downtime, errors, or unavailability or limited availability of the site and/or Services, including but not limited to routine or emergency support or maintenance, updates, upgrades or other development activity, and technical malfunctions of the underlying software, equipment, services or infrastructure.
17.4. Neither Laku6 nor any other Service Provider warrants uninterrupted use, operation, or availability of the site, Services and/or any Laku6 Materials, or that your use of the site and Services will be secure, timely, bug-free or error-free, free or viruses or other harmful components, or that any submission or transaction request you attempt using the site or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You will be solely responsible for any delay or loss of any kind that results from your access to, or use of, the Services, the site and/or the Laku6 Materials.
17.5. Laku6 does not warrant, endorse, guarantee or assume responsibility for any third party information, materials, content, or any other product or service produced or provided by a third party, including courier or delivery services and other users of the site. Consequently, Laku6 will not be responsible for any transaction between you and third party providers of third party products, and/or services, or for any acts or omissions of such third parties.
17.6. No advice or information, whether oral or written, obtained by you from Laku6 or any other Service Provider through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
17.7. You acknowledge and agree that:
a. your use of the site and/or the Services, including, without limitation, your use of any Laku6 Materials or intellectual property owned by Laku6, is at your sole risk;
b. the site, Services, and all Laku6 Materials are provided on an "as is" and "as available" basis;
c. Laku6 endeavours to ensure, but does not guarantee, that the content displayed on the site will be accurate or up to date and as such is not liable for any Loss suffered arising out of or due to your reliance on any information provided on the site or through the Services;
d. Laku6 endeavours to ensure, but will not be able to ascertain, the quality or reliability of all materials and information posted on the site and will not be held liable for any Loss suffered by you arising out of or due to any errors or inaccuracies on the site;
e. Laku6 is not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of the site;
f. Laku6 is not liable for any potentially offensive, illegal, infringing, objectionable or offensive text, images, photographs, content, or material posted by third parties during their use of this site and/or the Services and that all information and materials (regardless of type and form) are the sole responsibility of the person from whom it originated;
g. Laku6 is not liable for any reliance on any information, opinions or views expressed by Laku6 on the site;
h. there may be occasional errors in the use of the site and the Services, and Laku6 is not liable for any Loss to you that may arise as a result of those errors; and
i. the above disclaimers and limitations are required for Laku6 to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.
18.1. Notwithstanding any other provision in this Agreement to the contrary, Laku6 reserves the right, without notice or cause and in its sole discretion, to terminate this Agreement and/or any Account.
18.2. Laku6 reserves the right to cancel, terminate, and/or suspend your access to and use of the site, Services, and/or your Account at any time at its sole and absolute discretion without notice or justification, and/or terminate this Agreement, including without limitation in the event of unauthorised or suspected unauthorised use of the site and/or the Services, whether in contravention of this Agreement or otherwise. Laku6 reserves the right to consequently reject, cancel, or delete any sales, listings, promotions or other features associated with you and your Account.
18.3. Any suspension, termination or other action by Laku6 set out in these Terms will not limit any other remedies Laku6 may have against you at law or equity.
19. Effect of Termination
19.1. Upon termination of this Agreement, the Services, or your Account, for any reason:
a. you will lose all access to your Account, and to any content, materials or information relating to it. Subject to the applicable data protection and privacy laws, Laku6 will have no obligation to maintain any information stored in its database related to your Account, or to forward any information to you or any third party;
b. Laku6 will have no further obligation to provide the Services, and all licences and other rights granted to you under these Terms will immediately cease. Laku6 will not be liable to you or to any third party for such termination and cessation;
c. all accrued and outstanding amounts due from you to Laku6 shall immediately become due and payable.
19.2. Any suspension, termination or cancellation of this Agreement, the site, Services, or your Account will not affect any of your obligations to Laku6 under these Terms which by their meaning and context are intended to survive such suspension, termination or cancellation.
20. Limitation of Liability
20.1. Subject to Clause 20.3 and to the fullest extent permitted under applicable law, under no circumstances shall Laku6 be liable for (a) any indirect, incidental, special, consequential, or exemplary Loss or damages, including, without limitation, damages for loss of profits, business, revenue, goodwill, anticipated savings, use, data, or other intangible losses (even if Laku6 has been advised of the possibility of such loss or damages), whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of this Agreement; or (b) any direct Losses:
a. resulting from your access to or use of, or your inability to access or use, the site, Services or any Laku6 Materials;
b. resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Laku6’s reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to Laku6’s records, programs, or services;
c. resulting from any act or omission of a Service Provider or any other third party; or
d. which may arise as a result of or otherwise howsoever in connection with any error, interruption, delay, failure or other technical breakdown or problem whatsoever and however caused of third party equipment, third party software, or third party firmware, or any other equipment, software, firmware or service of Laku6's third party service providers, or agents, including any Service Provider or any platform or facilities of such Service Provider, credit card or other payment method companies, banks and/or other third party providers (including without any limitation, telecommunication problems, power supply problems, Internet- related problems, problems with accessing, viewing, or hosting the site, third party websites, problems with computer systems and information systems, third party problems, payment gateway problems, problems with FTP, POP, IMAP, SMTP, acts and omissions of customers and third parties) or caused by any emergency measure which may be taken by Laku6 in the event of any such failure.
20.2. Notwithstanding any other provision of this Agreement, the liability of Laku6 to you under or in relation to this Agreement or the performance of Laku6’s obligations hereunder, for any and all causes of action in relation to the site, Services or any Laku6 Materials, and this Agreement, shall not in any event exceed the total amount of fees and charges paid by you to Laku6 for the Services from which such liability arose.
20.3. Nothing in these Terms shall limit or exclude any liability for death or personal injury caused by Laku6’s negligence.
21.1. Any notice, demand or other communication sent by Laku6 shall be sent to the email address notified by you, and you shall be responsible for ensuring that the email address provided is correct and current.
21.2. Any notice, demand or other communication sent by Laku6 shall be deemed to have been received by you:
a. if personally delivered, at the time of delivery;
b. if sent by post, two Singapore business days after the date of posting;
c. if by email, upon completion of transmission directed to the email address notified by you, unless Laku6 receives a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server.
22. Entire Agreement
23. Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
23.3. You agree, represent, warrant, covenant and undertake as follows:
a. That it is a condition precedent to the sale of each Second-hand Mobile Device to Laku6 that no confiscation order, charging order, restraining order, production order or search warrant under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) or any statutory modification or any statutory provision pursuant to which the said Act may be amended or revised or which is a substitution therefor (the “CDTA”) has been issued against You and/or Your property or assets;
b. That no confiscation order, charging order, restraining order, production order or search warrant under the CDTA has been issued or is pending against You and/or Your property or assets; and
c. To notify Laku6 in writing immediately if a confiscation order, charging order, restraining order, production order or search warrant under the CDTA is issued against You and/or Your property or assets.
24. Illegality & Waiver
24.1. If any provision of this Agreement is agreed by Laku6 or held by any competent authority to be illegal, void or unenforceable under any law that is applicable hereto, this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision or such earlier date as the parties may agree.
24.2. No failure or delay or partial exercise by Laku6 in exercising its rights, power or remedies under this Agreement shall operate as a waiver of that or any other right, power or remedy unless Laku6 has waived its rights, powers or remedies in writing.
24.3. No waiver of Laku6’s rights, powers or remedies in respect of a breach of this Agreement by you shall be:
a. effective unless made in writing and signed by Laku6;
b. deemed to be a waiver of any subsequent breach of that or any other provision of this Agreement.
The terms, provisions, representations, and warranties contained in these terms that by their sense and context are intended to survive the completion of performance under, expiration or termination of this Agreement (including but not limited to indemnification, disclaimers, representations, and warranties) shall so survive the completion of performance, expiration or termination of this Agreement.
26. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with Singapore law. The parties hereby submit to the exclusive jurisdiction of the Singapore courts.
27. Rights of Third Parties
A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.