You hereby represent and warrant that:

• You have read and accept the Web Terms in its entirety;
• You are at least 18 years old and have the necessary legal capacity, right, power and authority to accept to these Web Terms and you are either;
  • Accessing this Site, using the Services and contracting in your own personal capacity;
  • Accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity; or
  • Contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Web Terms and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Web Terms;
• You are authorized to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
• All of the information provided by you to Bata (including without limitation personal particulars and contact information) is accurate and complete.

In this Agreement, the following definitions shall apply unless the context does not permit:

• "Account" is defined in Clause 5.1.
• "Agreement" means the agreement formed by these Web Terms
• "Bata Content" means all Content of Bata that is made available on or via this Site.
• "Computer" means your computer, notebook computer, personal digital assistant, mobile phone, tablet device or other electronic device used to access this Site or the Services.
• "Content" means Product listings, Product descriptions & reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
• "Linked Sites" means websites whose links appear on the Site
• "Marks" means the logo, trade marks and service marks used on the Site.
• "Privacy Policy" means the Bata privacy policy available on the Site, as may be amended from time to time.
• "Products" means products and/or services for which Bata invites orders on this Site.
• "Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
• "Services" is defined in Clause 3.2.
• "Site" means the website at www.bata.com.sg
• "Third Party Products" means products and services of third parties advertised on or available at the Site or websites linked from the Site, including Products supplied by third parties.
• "Third Party User Content" means all User Content which is not created, transmitted, posted or uploaded by you.
• "User Content" means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
• "Web Terms" means this Website Terms and Conditions as well as the Privacy Policy.
• The words “include” and “including” shall not be construed as having any limiting effect.
• The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

• The Site is owned and maintained by Bata
• Bata may now or in the future offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
  • Online ordering of Products;
  • Access to Content;
  • Search engines or tools;
  • Platform to create, upload and publicly make available User Content;
  • Product reviews and catalogs, message boards, forums, blogs, communication tools; and
  • Any other features, content or applications that Bata may offer at the Site from time to time in its sole and absolute discretion.
• You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will be deemed to have agreed to the Terms and Conditions of Sale in addition to these Web Terms

• You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
  • Any Service;
  • The Site;
  • Any Bata Content except, to the extent permitted, with the prior written consent of Bata or unless expressly permitted in these Web Terms; or
  • Any User Content except with the prior written consent of Bata and the owner of the specific User Content, unless you are the sole owner of the specific User Content.
• All Bata Content are the copyrighted work of Bata or its content or software providers, and Bata reserves and retains all rights in the Bata Content. Use of some Bata Content may be governed by the terms of an accompanying end user license agreement.
• You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Bata Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or by Bata in writing.

• Bata may require you to register an online account (“Account”), to enable you to access and use certain portions of this Site or use certain Services.
• You agree that your Account is for your sole personal use and creation of online Account is limited to one account per individual only. You hereby agree not to:
  • Share with or permit others to use your Account; or
  • Assign or otherwise transfer your Account to any other person or entity.
• You shall provide Bata with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You further undertake to keep your Account information updated at all times such that it is accurate, current and complete. You agree that creation of online account is limited to one account per individual only.
• As part of the registration process for the Account, you will select a password ("Password") and user identification ("User ID"). You may not:
  • Select or use a User ID of another person with the intent to impersonate that person;
  • Use a name subject to the rights of any other person without authorization; or
  • Use a User ID that Bata, in its sole discretion, deems inappropriate or offensive.
• You shall promptly notify Bata of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
• You shall be bound by and responsible for, and Bata shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
• You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
• Bata shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
• You agree that Bata reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. Bata shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

By providing the information requested for your Account, you hereby consent to Bata’s use and disclosure of all such information for the purposes set out in our Privacy Policy.

• You agree that Bata has the right in its sole and absolute discretion and without notice to:
  • Restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason ; and-
  • Without prejudice to the generality of the above. Bata reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any term of this Agreement or if Bata believes that you have been using the Account for unlawful and/or undesirable activities.
  • Your eligibility to access and/or use any of the Services or participate in any promotions will be affected.
• You agree not to hold Bata liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.

• The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all Bata Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Bata. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by Bata. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. All rights not expressly granted in written are reserved by Bata.
• The Marks displayed on this Site are the property of Bata or other third parties, and all rights to the Marks are expressly reserved by Bata or relevant third parties. You are not permitted to use any Marks without the prior written consent of Bata or such third party. Bata and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Bata or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Bata.
• The domain name on which the Site is hosted on is the sole property of Bata and you may not use or otherwise adopt a similar name for your own use.

You hereby undertake:

• To comply with these Web Terms, and such other notices or guidelines that may be posted on the Site by Bata from time to time (which shall be incorporated by reference into these Web Terms);
• Not to use any Service or Bata Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
• Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
• Not to use the Account of another user at any time, whether with or without his/her permission.

• You agree to exercise respect and to act reasonably when participating in any community feature on the Services which permits you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.
• You may not submit, upload or publish on the Site or through Bata:
  • Any User Content that is inaccurate, misleading, libelous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213 of Singapore)) or the proprietary or other rights of any third party;
  • Any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
  • Without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively “Improper Works”).

  • If, at any time you upload or post User Content to the Site you automatically:

  • Grant Bata, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
  • Represent and warrant that:
    • (i) All User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
    • (ii) None of the User Content are proprietary or confidential;
    • (iii) None of the User Content are Improper Works, nor will they expose Bata to any civil or criminal proceedings in any part of the world; and
    • (iv) The use by Bata and other users for the purposes and in the manner set out in this Clause 10.3, and the hosting of the User Content on the Servers by Bata will not require any further licences from, or infringe any intellectual property or other rights of, any third party
  • Bata at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, Bata may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which Bata believes are Improper Works, or which is the subject of any dispute.
  • You agree to indemnify and hold Bata, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
  • The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Web Terms (including under Clause 10.3), and subject to Bata’s rights in the compilation of all User Content.

• While we make every effort to ensure that all Bata Content displayed on the Site is accurate and complete, we provide the Bata Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Bata disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Bata does not warrant that the functions contained in or access to the Site, Services, Bata Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Bata Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Bata Content in or with any Computer will not affect the functionality or performance of the Computer. Bata does not warrant or make any representations regarding the use or the results of the use of the Bata Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Bata) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Bata liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of Bata.
• The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Bata does not sponsor, endorse or promote any products, services or information.
• You acknowledge that it is not Bata’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Bata does not endorse and shall not be responsible for any such content.
• You acknowledge and agree that Bata does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Bata hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
• You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Bata shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
• You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
• You agree that:
  • Bata shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
  • Access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
  • In no event shall Bata be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Bata Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that Bata is found to be liable for damages despite the foregoing provision, you agree that Bata’s aggregate liability to you for any and all causes of action in relation to the Bata Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Bata for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Conditions of Sale.
  • Under no circumstances, including, but not limited to, negligence, shall Bata be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Bata Content, Services, Third Party Products, Site, or any other website, even if Bata or a Bata authorised representative has been advised of, or should have foreseen, the possibility of such damages.
  • You agree that the above exclusions and limitations of liability enable the Services and the Bata Content to be provided by Bata may be provided at either reasonable costs to you.

• Bata may provide links to Linked Sites that may be of relevance and interest to users. Bata has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
• Bata does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.

• Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

• You agree that Bata has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.

• Bata reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Bata Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Bata in writing immediately in the form and containing the information prescribed by the Copyright Act (Cap. 63 of Singapore) (“Infringement Notice”).
• All Infringement Notices shall be sent to Bata addressed as follows:
  • Bata Shoe (Singapore) Pte Ltd
  • customerservice.sg@bata.com
• Bata will in response to all Infringement Notices submitted in the above manner undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Bata in respect of any Infringing Material, unless you have first given Bata the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Bata refuses or fails to remove the Infringing Material within a reasonable time. Where Bata removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Bata under any applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Bata.
• You acknowledge and agree that Bata has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

• This Site is owned and operated by Bata in Singapore. Bata makes no representation that the Services or Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

• You agree to indemnify and hold Bata, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that Bata, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to or arising out of:
  • Any use of the Site or any Site;
  • Your connection to the Site;
  • Your breach of any terms and conditions of these Web Terms;
  • Your violation of any rights of another person or entity; or
  • Your beach of any statutory requirement, duty or law.

• Bata reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. Bata may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
• Bata may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be deemed to be acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.

• If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.

• Nothing in these Web Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between Bata and you and neither party shall have any authority to bind the other in any way.

• No waiver of any rights or remedies by Bata shall be effective unless made in writing and signed by an authorised representative of Bata.
• A failure by Bata to exercise or enforce any rights conferred upon it by these Web Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

• No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
• For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s location or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

• Except as provided for in Clause 17, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

• These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Evidence Act (Cap 97 of Singapore), the Electronic Transactions Act (Cap. 88 of Singapore) and the Personal Data Protection Act 2012, without giving effect to any principles of conflicts of law.
• You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

• If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at customerservice.sg@bata.com