Terms of Service
Terms and Conditions
By using or accessing our website www.fortitudo.com.sg,
you accept the following terms & conditions (“Terms and Conditions”)
By using/accessing the Site and/or using the Products and Services, you hereby agree:
- all information supplied by you on the Site is accurate, current and complete;
- you will not copy or distribute any part of the Site in any medium without our prior written authorization;
- you shall not use and/or access the Site for unlawful, illegal or fraudulent purposes; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or in any other manner which is prohibited by these Terms and Conditions; and
- That you are a user of the Site, and/or Products and Services and are 18 years or above. [If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any Service or purchase of any Product; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site and/or our Products and Services.]
If you do not accept these Terms and Conditions, please leave the Site and/or terminate the use of all Products and Services immediately.
Fortitudo may at any time amend or change these Terms and Conditions by posting the amended Terms and Condition on the Site. Any use of the Site, and/or Product and Service after the amendment is deemed acceptance of the amended Terms and Conditions by you. If you do not agree to the amended Terms and Conditions, you must stop using and/or accessing the Site, the Product and/or Service.
OUR PRODUCT AND SERVICE
These Terms and Conditions apply to the use of the Site, the product developed by us, namely “The JoyFULL Box” (“Product”) available for sale to you on the Site, as well as the subscription service available on the Site for the Product (“Service”).
In the event of the Product being a gift, you, you are liable for the information you key in for the recipient of the Product. By using and/or accessing the Site, you are agreeing to these Terms and Conditions on behalf of such recipient.
Fortitudo is committed to sourcing and developing the most appropriate and affordable items to be included in the Product. However, we are in no way affiliated to / or represent any of the brands /suppliers of the items which we purchase and include in our boxes unless otherwise stated as collaborators and partners.
While we conduct stringent quality checks on the Product, we are in no way responsible for the quality of the items included.
We will determine in our sole discretion whether there has been a breach of these Terms and Conditions through your use and/or access of the Site. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate, including:-
- Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
- Issuing a warning to you;
- Commencing legal proceedings against you for loss resulting from your breach; and
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these Terms and Conditions. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
USE OF LINKS
From time to time, Fortitudo may provide information regarding or links to other websites, resources or products (“Third Party Sites and Products”). Such information is provided only for your convenience. Fortitudo does not qualify, endorse, investigate or approve any Third Party Sites and Products and is not responsible for the availability, security, safety or quality of such Third Party Sites and Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will Fortitudo be responsible or liable for any information, services or products provided by such Third Party Sites or for their failure to provide any such information, services or products to you. Fortitudo has no control over, and assumes no responsibility for, the content, privacy policies, products, services or practices of any third party websites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, Fortitudo will not and cannot censor or edit the content of any third-party site.
ORDER AND DELIVERY POLICY
You may place an order for any Product or Service by completing the order form on the Site and clicking on the “Complete Order” button. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site and Fortitudo shall be entitled (but not obliged) to process such order(s) without your further consent and without any further reference or notice to you.
All orders shall be subject to Fortitudo’s acceptance in its sole discretion and Fortitudo reserves the right to decline to process or accept any order received from or through the Site in its absolute discretion. Each order accepted by Fortitudo (such accepted order to be referred to as a “Contract”) shall constitute a separate contract governed by these Terms and Conditions. You acknowledge that unless you receive a notice from Fortitudo accepting your order, Fortitudo shall not be party to any legally binding agreements or promises made between Fortitudo and you for the sale or other dealings with any product(s).
Delivery charges are charged separately upon checkout .
After Fortitudo has accepted your order, delivery of the relevant Product shall be made to the address you specify in your order. All delivery timeframes given are estimates only and delays may occur. If the delivery of your Product is delayed, Fortitudo will inform you accordingly and your Product will be dispatched after it becomes available to Fortitudo. The time for delivery shall not be of the essence, and Fortitudo (nor any of its agents) shall not be liable for any delay in delivery howsoever caused. In the event you do not receive the Product by the projected delivery date and provided that you inform Fortitudo within 3 days immediately from such projected delivery date, Fortitudo will use commercially reasonable efforts to locate and deliver the Product. If Fortitudo does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
If you fail to take delivery of the Products (otherwise than by reason of any cause beyond your reasonable control or by reason of Fortitudo’s fault) then without prejudice to any other right or remedy available to Fortitudo, Fortitudo may terminate the Contract. It is the responsibility of the recipient of the Product to ensure that someone is authorized and available to receive the Product, failing which there is a safe place for the Product to be left in the case of no one being home and the delivery company is able to contact the recipient of the Product as stated in the order for the delivery. We are in no way responsible for lost or damaged items. You should also refer to the terms and conditions of the respective delivery companies we use for delivery of the Product.
Risk of damage to or loss of the Products shall pass to you at the time of delivery to the common carrier, or if you wrongfully fail to take delivery of the Products. Notwithstanding the foregoing, the property in any Product shall not pass to you until Fortitudo has received in cash or cleared funds payment in full of the price of such Product for which payment is then due.
The price of the Product payable by you shall be the price of such Product listed for sale as stated on the Site at the time at which the order placed by you is transmitted to Fortitudo through the Site. All prices are subject to taxes, unless otherwise stated. Fortitudo reserves the right to amend the price of any Product at any time without giving any reason or prior notice. In the event that any product has been mispriced on the Site, Fortitudo reserves the right to terminate the Contract and notify you of such cancellation, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
CANCELLATION, REFUND AND EXCHANGE
No refunds or cancellation of any Product or Service is permitted for orders that are confirmed with payment process completed.
Any additional ability to claim a refund, right to cancel an order or claim under a warranty or otherwise will be in Fortitudo’s sole discretion.
As the Product is customized the contents of each Product may vary on an individual basis. We regret that we will not be able to entertain any requests for exchange of contents. However, each box comes with an option of re-gifting. Customers are encouraged to practice the joy of giving by blessing unused, unloved items to someone else who may enjoy more.
If you believe you have received any material or item in the Product that is defective, faulty, or unsuitable for the purpose for which it was indicated in the product description (“Defective”), please email us at firstname.lastname@example.org within 7 days of delivery. The material/item has to be returned to us in its original condition, unopened and unused. Defective material/items EXCLUDES the following:
- Faults resulting from normal wear and tear
- Faults resulting from item being dropped from a height
- Where item has been altered or damaged by you or unauthorized by you
- Items or encodings are not being compliant with your zone or device (DVD, CD, VCD)
If any material or item in the Product is subsequently found:
- To be indeed defective, you are entitled to: a) receive a replacement of the same item, at no delivery cost; or b) in the event that item is not in stock, to receive a replacement of an item of similar monetary value, at no delivery cost; or
- To be NOT defective, you may be liable for the costs incurred in having such item returned to you, as well as the costs which may have been incurred by Fortitudo in having the item inspected.
LIMITATION OF RESPONSIBILITIES/LIABILITIES
No warranties – The Site, its services and all information provided herein are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, Fortitudo expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any content or material on the Site, and there is no warranty, condition, term or representation that the functions contained on the Site will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. Fortitudo assumes no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing:-
(i) no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of any Products or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Fortitudo;
(ii) Fortitudo binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Fortitudo's opinion in that behalf. Fortitudo does not give any warranty as to the quality, state, condition or fitness of the Products;
(iii) Fortitudo shall be under no liability for the following measures and actions taken by you or third parties and the consequences thereof: improper remedy of defects, alteration of any Product without the prior agreement of Fortitudo, addition and insertion of parts;
(iv) Fortitudo shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by you or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, your or third parties’ failure to follow Fortitudo’s instructions (whether oral or in writing) misuse or alteration or repair of any Product without Fortitudo's approval;
(v) Fortitudo is not liable for any losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Fortitudo’s prior written approval and you shall indemnify Fortitudo against all losses arising out of such claims; and
(vi) Fortitudo shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for any Product or Service has not been paid in cleared funds by the due date for payment.
Limitation of liabilities - To the fullest extent permitted by law, you acknowledge and agree that under no circumstances (including but not limited to any act or omission on the part of Fortitudo) will Fortitudo or its affiliates be liable to you for any direct, indirect, incidental, special and/or consequential damages, loss of profits or loss of data which result from any use or access of, or any inability to use or access the Site or any information obtained from it whether based on contract, tort, product liability or otherwise and even if advised of the possibility of such damages or losses.
In addition, Fortitudo and its affiliates shall not be liable to you for any damages or losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) the sale of the Products to you, or its use or resale by you; and (ii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the Products or failure to comply with Fortitudo’s instructions on the use of the products (whether oral or written).
Third party service providers - You acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Further, your payment for any Product and/or Service purchased from the Site is processed by third party payment system providers. All payment details are processed by third party payment system providers and we do not retain or process any such payment information. Fortitudo does not guarantee the security of the payment system(s) or any payment data on the Site, Fortitudo is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Fortitudo is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Fortitudo from any and all liability in connection with the acts, omissions or defaults of such third parties.
Printing materials- we may include recommended reads in the form not limited to books/notes and postcards. However, please note that the views presented in these printed material do not represent Fortitudo’s view point or religious preferences.
Food products - We may include food products in our Product. We apologize that currently we are unable to cater to different allergies or dietary preferences. However, there is an option of re-gifting in every box. While we conduct stringent quality checks on the ingredients, date of expiry as well as condition of the food products we purchase, we are in no way responsible for the quality, safety, the production process and/ or the packaging of such food product. Any purchase of the Product through the Site is at your own risk and you should use your reasonable judgment in confirming the safety and appropriateness of such products for yourself/third party. FORTITUDO EXPRESSLY DISCLAIMS ANY LIABLITY OR WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS.
Gift/shop/restaurant/café vouchers - We are in no way affiliated to any of the companies/businesses from which we obtain discount/gift vouchers from unless otherwise stated as collaborators and partners. Any terms and conditions in these vouchers are in no way controlled by Fortitudo.
We take pride in providing the most achievable tasks and activities in our boxes, however in the unfortunate event that any injuries or accidents happen through the completion of any recommended tasks/activities, Fortitudo will not be held liable.
HEALTH RELATED OR MEDICAL INFORMATION / TREATMENT
Any information on the Site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is neither intended to be patient education nor does it create any patient-physician relationship. It should not be used as a substitute for professional diagnosis or treatment.
Please consult your doctor or other health care professional before making any healthcare decisions or for guidance about a specific medical condition. Fortitudo does not endorse specifically any test, treatment, or procedure mentioned on the Site unless otherwise stated. Fortitudo wholly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in and to the content on the Site, all Products and Services, whether registered or unregistered, and in the material published on it. These works are protected by copyright trademarks, service marks, patents, or other proprietary rights and laws and all such rights are reserved.
You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, use transformatively, distribute or howsoever deal with any content or material from the Site in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site. Any unauthorized use of content or material on the Site may violate our intellectual property rights, and other applicable laws, and could result in criminal or civil penalties.
You shall indemnify and hold harmless Fortitudo and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you, or any of your employees, personnel, agents or vendors, or (iv) your breach of the representations, warranties, covenants, obligations under these Terms and Conditions or any other terms or conditions between you and Fortitudo.
FORCE MAJEURE EVENT
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Site’s contents if this is due, in whole or in part, directly or indirectly to events outside our reasonable control (“Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; or
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Law and Jurisdiction: Contracts for the purchase of Products through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Singaporean law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Singapore.
Rights of third parties: A person or entity who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
No Relationship: Neither these Terms and Conditions nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and Fortitudo.
Assignment: You may not assign these Terms and Conditions or any rights or obligations under these T&Cs to any party.
Waiver & Severability: The failure of Fortitudo to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and
QUESTIONS ABOUT OUR POLICIES
FEEDBACKS AND COMPLAINTS
We take all feedbacks and complaints seriously. You can direct all feedbacks and complaints to email@example.com