TERMS AND CONDITIONS OF USE
The following contains the terms and conditions (these “Terms and Conditions” or this “Agreement”) which shall apply when you access and use the online services of Yamaha Music (Asia) Private Limited (Company Registration No.: 196600213D) with registered address at 202 Hougang Street 21, #02-00, Singapore 530202, hereafter referred to as “Yamaha” on the Site.
By accessing or using the services on the Site, you, as a user of the Site, accept and agree to be bound by these Terms and Conditions.
Please discontinue your access of the Site if you do not agree with these Terms and Conditions.
Yamaha may at any time make changes to these Terms and Conditions and to the Contents and list of Goods, with or without prior written notice.
This Agreement may not be otherwise amended by you except in writing signed by you and us. Other than as expressly provided in these Terms and Conditions, these Terms and Conditions sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
You should read these Terms and Conditions each time you access the Site to ensure that you do understand and accept these Terms and Conditions in force at the point of access.
These Terms and Conditions form the entire agreement between us and you with regards to your purchase of the Goods through the Site and supersedes any previous representations, statements or agreements (verbal or written) made or entered into between you and us.
In these Terms and Conditions, "we", "our" and "us" means Yamaha and "you" or "customer" means the person, firm or corporation using the Site or purchasing the Goods indicated in your Online Order.
Expressions in the singular may indicate the plural and vice versa and reference to a particular gender may include all other genders.
In these Terms and Conditions, the following expressions shall, unless the context otherwise requires, have the following meanings:
“Contents” means all information, data, text, logo, icons, graphics, photographs, names, images, pictures, sounds, sounds files, videos, video files, animation files and other materials in the Site;
“Downloadable Content” has the meaning assigned to it under Clause 18.2;
"Goods" means goods or services listed, advertised or promoted on the Site by Yamaha or any third party, and related services, including but not limited to services relating to providing music school courses, technical services, piano tuning services, and services to allow for payments for orders or purchases made online, to the extent that such listed services are available or have been launched;
"Online Order" means the electronic purchase you made through the Site;
“Service Centre” means Yamaha Service Centre at 6 Changi South Street 2, #01-02, Singapore 486349 or at such other address as Yamaha may specify from time to time;
“Site” means the online E-commerce platform available at the following website: https://shop.sg.yamaha.com;
"Yamaha" means Yamaha Music (Asia) Private Limited.
Use of the Site
The Site is set up for the purpose of providing our customers an online platform for the purchase of the Goods and Yamaha hereby grants you a non-exclusive, revocable license to access the Site strictly for your personal use only for the purpose of placing Online Orders with Yamaha through the Site.
The Site is set up for use by residents of the Republic of Singapore and Brunei Darussalam only. By using or registering for an account on this Site, you agree that you may only use this Site if you are resident in the Republic of Singapore or Brunei Darussalam, and are not resident in any other jurisdiction outside of the Republic of Singapore or Brunei Darussalam.
You shall also be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Site and you shall provide at your own expense all facilities or resources necessary for such proper access. Without prejudice to the foregoing, you shall not create any circumstances whereby other users are affected in their access to, and use of, the Site.
While using the Site, you shall abide by all applicable laws and regulations of your country of residence and of the Republic of Singapore (which shall prevail when there is a conflict) and will not:
access the Site and submit any personal information to us without obtaining consent from your parent or guardian if you are under the age of 18;
place any order through the Site if you are under the age of 18;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any Contents (except for your own information) from the Site without the prior expressed written permission of Yamaha and any appropriate third party, as applicable;
upload or post or in any way introduce Contents that are pornographic, obsecene, threatening, abusive, disruptive, defamatory or unlawful or that would otherwise be in violation of the rights of any person, constitute a criminal offence, or violate and local, state, national or international laws;
upload or post or in any way introduce or reproduce Contents or other materials that would infringe the intellectual property rights of any person. Only Contents and other materials in the public domain, and Contents and other materials for which the relevant intellectual property right owners have given you their express consent to copy and redistribute online or otherwise, may be uploaded to the Site, including any software files or libraries.
collect (whether through the use of data-mining tools or otherwise) and/or disclose to third parties, or attempting to collect and/or disclose to third parties, other users' passwords, financial information or personal information whether for your own personal use or for any commercial or unlawful purpose;
use, upload or introduce to the Site any spyware, malware or any software containing viruses or any other computer programmes or codes designed to destroy or interrupt the functionality of the Site;
take any steps which may directly or indirectly, cause disruption of the Site or adversely affect that functionality of the Site;
send any spam messages to or through the Site or Yamaha’s email system;
send, post, promote or transmit on any place on the Site, any message or material that is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, hateful, vulgar, obscene, profane, threatening, racially or ethnically offensive or otherwise as determined by Yamaha in its sole discretion to be objectionable. In this regard, please note that any material that (a) depicts nudity or genitalia in a manner calculated to titillate; (b) promotes sexual violence or sexual activity involving coercion or non-consent of any kind; (c) depicts a person or persons clearly engaged in explicit sexual activity; (d) depicts a person who is, or appears to be, under 16 years of age in sexual activity, in a sexually provocative manner or in any other offensive manner; (e) advocates homosexuality or lesbianism, or depicts or promotes incest, paedophilia, bestiality and necrophilia; (f) depicts detailed or relished acts of extreme violence or cruelty; or (g) glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance is prohibited. Yamaha reserves the right to delete any such material from the Site;
violate and terms, rules or policies which are posted on the Site or otherwise made available or communicated to you in any manner; and
use the Site for (a) the furtherance of games and lotteries unless licensed under applicable laws; (b) horse racing analysis, commentaries or tips for the purposes of gambling; (c) advertising or promoting astrology, geomancy, palmistry or fortune telling devices; (d) prostitution or other immoral activities; (e) professional advice or specialist consultancy services where such services are offered by persons with qualifications recognised by the relevant professional bodies in the relevant jurisdiction; (f) broadcasting films, video or sound recordings unless approved by the relevant authorities or government bodies or (g) to propagate, promote or discuss political or religious issues which may incite political or racial disharmony
Without prejudice to the other provisions of these Terms and Conditions and to any other rights and remedies which Yamaha may possess, you hereby agree to indemnify and hold Yamaha harmless at all times against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever and howsoever arising, including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses which Yamaha may sustain, incur, suffer or pay arising out of, in connection with or pursuant to your access to and/or your use of the Site, whether or not such access or use was authorised or whether it was due to any act or omission on your part. For the purposes of this clause, any reference to the use of the Site shall include but is not limited to the downloadable content or the purchase of any Goods by you.
Please note that any software downloaded from the Site (including the Downloadable Content) is at your own risk and Yamaha neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.
You acknowledge that circumstances could arise in which the remedies and limitations on liability set forth in these Terms and Conditions in relation to your use of the Site may appear insufficient to you. In the light of the overall agreement reached hereunder, Yamaha and you have agreed that the limited remedies and liabilities set out herein are part of a reasonable allocation of the risks and benefits of the agreement between Yamaha and you, taking all relevant factors into consideration including the value of the consideration provided by you and the availability and costs of insurance with respect to the said risks.
Yamaha controls and maintains the Site from the Republic of Singapore and Yamaha makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions.
Yamaha may terminate or suspend your access to and use of the Site at any time, without liability and for whatsoever reason or cause, without notice.
User Accounts and grant of Yamaha Music Club Membership
By registering for an account on the Site, you represent and warrant or agree that:
you are resident in the Republic of Singapore or Brunei Darussalam, and are not resident in any other jurisdiction outside of the Republic of Singapore or Brunei Darussalam;
you are either above the age of 18 or have obtained parental consent to register an account on the Site if you are under the age of 18;
all the information you have entered to register for an account on the site is, to the best of your knowledge, accurate, including information relating to your (i) country/region of residence, (ii) email address, (iii) name, (iv) residential address, (v) gender, (vi) date of birth, and (vii) mobile number; and
If you have registered for an account on the Site, you may:
log in to your online account to update your personal information from time to time; and
cancel or delete your online account on the Site. Please note that should you decide to cancel or delete your online account, Yamaha will cease its distribution of news emails to you and will cease providing other services through the Site. You will also lose access to being able to view all order and transaction information on the Site, and will not be able to view said order and transaction information even if you register another online account on the Site again.
Subject to these Terms and Conditions, and subject to the terms and conditions relating to membership in the Yamaha Music Club in operation from time to time, upon registering for a new account on this Site, if you are not already registered as a member of the Yamaha Music Club, you will be automatically be granted a Yamaha Music Club membership for a period of two years beginning on the date on which your account is registered on the Site. The Yamaha Music Club Membership Terms and Conditions are available at the following website: https://shop.sg.yamaha.com/ymc-membership/
Only persons aged 18 years and above may submit an Online Order or make any orders or purchases on the Site.
All Online Orders received by Yamaha are subject to our acceptance, in our sole discretion, and the despatch to you of the Goods ordered. Yamaha shall be entitled to cancel, terminate its obligations or cease to fulfil any Online Order, for any reason whatsoever, prior to delivery of the Good, with or without notice. Upon the cancellation, termination or cessation of obligations, Yamaha shall only be required to refund the customer for all payments made and received by Yamaha not exceeding the price of the Goods ordered.
The possession, distribution, circulation, importation or other dealing with the Goods that are available on the Site may be subjected to the laws and regulations of some countries and jurisdictions. It is your responsibility to ensure that any such dealings with such Goods is in compliance with all applicable laws and regulations of the relevant countries and jurisdictions, including such licensing, intellectual property, taxation, revenue, customs, import and export control laws of such relevant countries and jurisdictions, and to observe all such laws and regulations.
Representations and Warranties as to capacity and residency
You hereby represent and warrant that you are of legal age and have legal capacity to enter into contracts under all applicable law, and that any sales of Goods to you will be binding upon you.
You hereby represent and warrant that you are resident in the Republic of Singapore or Brunei Darussalam, and are not resident in any other jurisdiction outside of the Republic of Singapore or Brunei Darussalam.
You shall make full payment of the purchase price for all Goods purchased by you immediately upon placing an Online Order. All payments shall be made in Singapore Dollars (SGD).
Unless otherwise stated, all prices are quoted in Singapore Dollars (SGD) and shall include any Goods and Services Tax (GST) payable, but exclude delivery and handling charges which will be quoted separately, where applicable.
Prices and availability of Goods are subject to change without notice. Yamaha reserves the right to withdraw any offer and to correct any errors, inaccuracies or omissions at any time.
We will inform you of any material change in the terms of your purchase, whether or not the Online Order has been confirmed. If you used a credit card to make payment for your Online Order, and if your credit card has already been charged for the purchase and your Online Order is cancelled, we will issue you a refund in the form of a credit to your credit card account in the amount of the charge. All other refunds will be made via the original payment mechanism used to make payment to us, to the person who made the original payment. Upon the issuance of the refund to you, we shall not be liable to you for any further claims regarding the Online Order.
Features and Specifications of the Goods
Features and specifications of Goods advertised, provided and/or made available on the Site are subject to change at any time without notice. Without limiting the generality of the foregoing, Yamaha draws your attention to the following:
weights, measures, colours and sizes provided are only approximates;
all monitor screen measurements are taken diagonally; and
all monitor screen images provided are simulated pictures unless otherwise indicated.
While Goods advertised, provided and/or made available on the Site are generally available for purchase in Singapore, nothing on the Site shall imply, represent or warrant that such Goods are or will be available at the various local Yamaha authorised representatives in Singapore. You should therefore check with your local Yamaha authorised representative for specific product availability in your locality.
Title to Goods
Notwithstanding delivery of the Goods, title to the Goods shall not pass to you but shall be retained by us until full payment for the Goods has been received by us and for all other debts that are outstanding from you to us on any account, regardless of whether such debts are due. For the avoidance of doubt, title to the Goods will not pass to you until the Goods have been accepted by you. Until such time as title to the Goods has passed to you:
You shall keep the Goods at your address set out in the Online Order or where we have delivered the Goods and shall not sell, loan, remove the Goods from the premises or dispose of the Goods without our written consent and/or in any way, part with possession and/or control of the Goods and you shall take reasonable care of the Goods at all times.
You hereby acknowledge our right to the Goods as set out above and expressly consent to the entry by Yamaha or any of our agents and/or authorized representatives to the premises for the purpose of exercising our rights as set out above.
You shall not alter, and/or remove any notices or tags attached to the Goods by us to reserve our rights therein.
Delivery of Goods
If you have specified that you wish for the Goods to be delivered to you, upon our receipt and acceptance of your Online Order, we will send you an email confirming our acceptance of your Online Order. Yamaha will make reasonable efforts to deliver the Goods to you within the timeframe stipulated on your Online Order during checkout, but you acknowledge that all delivery dates are estimates only, and delays can occur. The time for delivery shall not be of the essence, and Yamaha and its agents shall not be liable for any delay in delivery, howsoever caused.
All Goods purchased from us will only be delivered to addresses within Singapore. No delivery will be made outside Singapore or to post office boxes.
The charges for delivery of your Online Order will be as specified on the delivery information page available at the following website: https://shop.sg.yamaha.com/delivery-information/. Any such delivery charges are subject to prevailing goods and services tax.
We will not deliver to P.O Box address as our delivery agent requires the recipient to sign for the Goods.
Dates and times for delivery are an estimate only. In the event that the delivery is delayed due to any unforeseen circumstances, we will make reasonable efforts to notify you of the delay through your last known contact number or email address we have in our possession. Yamaha shall not be liable for any delay or any consequences arising from the delay.
All deliveries to the address stated by you must be acknowledged by signature by yourself or a person who is at least 18 years of age.
If no one is present to receive the Goods and a return trip is required, additional delivery charges will be chargeable for each subsequent delivery trip at Yamaha’s prevailing rates. The amount charged will be invoiced to you separately and payable in advance within 3 calendar days before the next delivery trip is scheduled.
Collect at Store
If you have specified that you wish to collect the Goods at our store, upon our receipt and acceptance of your Online Order, we will send you an email confirming our acceptance of your Online Order. The Goods ordered may not be immediately available for collection at the selected collection store, and we will notify you through email and SMS when your Online Order is ready for collection.
Please present the following at the selected collection store if you have opted to Collect at Store / Self-Collect the Goods:-
Order confirmation email with QR Code from Yamaha;
If you authorize a person who is at least 18 years old to collect the Goods on your behalf, the authorised person must present the following at the time of collection:
Original authorisation letter endorsed by you, which shall be retained by Yamaha upon collection of the Goods;
The order confirmation email with QR Code from Yamaha.
We will send you a reminder to your email address if the Goods are not collected within 14 days from the date on which the Goods are ready for collection. Yamaha reserves the right not to entertain the collection or fulfil the Online Order should the Goods remain uncollected after 2 months from the date the Goods were ready for collection and to return you any monies paid. Yamaha shall not in any event, be liable for any loss or damage as a result of the non-delivery pursuant hereto.
Installation of Goods
Installation of Goods purchased, if required or requested, will be charged separately at Yamaha's prevailing rates provided always that additional charges may be imposed for multiple trips or delay in installation through no fault of Yamaha and/or circumstances beyond our control. Notwithstanding the above, the installation dates are estimates only and we shall not be liable for direct, indirect or consequential loss or damage arising from late or non-installation of Goods purchased, as the case may be.
Cancellation of Online Order
All Online Orders once made by you will be deemed to be irrevocable and may not be cancelled by you upon the Goods having been (a) assembled by us (if so required), (b) handed over to a courier for delivery or (c) collected at our store by you or a person authorised by you (as applicable).
Return and Exchange of Goods
All Goods sold are non-returnable unless damaged by Yamaha or materially not in conformance with the specifications at the time of delivery or self-collection. Any returns and exchanges of Goods shall be subject to Yamaha’s Returns & Exchanges Policy available at the following website: https://shop.sg.yamaha.com/return-exchanges/.
To the extent allowed by law, blowing instruments, such as trumpets, flutes, harmonicas, and recorders, among others, are not returnable and are not exchangeable due to reasons relating to hygiene.
You shall inspect the purchased Goods immediately upon delivery or collection of the Goods and shall within seven (7) calendar days from such delivery or collection, give notice in writing to us if any Good is found to have been damaged or not in accordance with the specifications.
In the absence of such notice within the 7 calendar days, the said purchased Goods shall be conclusively deemed to be in accordance with the Agreement in all respects and you shall be bound to accept and pay for the same accordingly.
Any request for return or exchange of Goods is subject to investigation by Yamaha and will not be entertained if (i) the request is received more than 7 calendar days after delivery or self-collection; (ii) the Goods are damaged due to causes not attributable to Yamaha; (iii) the value of the Goods is considerably lowered by use or consumption; (iv) the Goods are/have been modified/repaired or handled by third parties and/or not in the original specifications; (v) restriction on the return or exchange of the Goods is explicitly notified at the sale of the Goods; or (vi) returning the Goods is restricted under applicable laws and regulations.
You may return the Good only upon confirmation by Yamaha in writing.
You will not be charged for the transportation cost for the return or exchange of Goods if the defects in the Goods or mistakes in delivery are caused by Yamaha. Yamaha shall refund, upon request, shipping cost which you have prepaid for the return of the Goods at the time of sending the Goods for return. For the avoidance of doubt, you will be responsible for and bear the transportation costs for the return or exchange of Goods if the Goods are returned or exchange for any reason other than if the Goods are damaged due to causes attributable to Yamaha, mistakes in delivery caused by Yamaha or do not conform to specifications because of Yamaha’s mistake.
Upon receipt of the returned Goods, we may opt to either send you similar goods of equivalent value in exchange or refund you the payments received from you (without interest) from the date of confirmation by Yamaha.
If you used a credit card to make payment for your Online Order, and if your credit card has already been charged for the purchase and your Online Order is cancelled, we will issue you a refund in the form of a credit to your credit card account in the amount of the charge. All other refunds will be made via the original payment mechanism used to make payment to us, to the person who made the original payment. Upon the issuance of the refund to you, we shall not be liable to you for any further claims regarding the Online Order. Yamaha shall not be liable for any other loss or damage save as is agreed by us in these Terms and Conditions.
Warranty on Goods
To the extent allowed by law, Yamaha is under no obligation to provide any walk-in, house call, back up or technical support or any other post-sale service. Further, to the extent allowed by law, Yamaha excludes any conditions, terms, representations or warranties implied by law as to the absence of any delay in the delivery of any product you may order.
Any warranties attached to the Goods will be as contained in the accompanying Domestic Warranty Registration Information Sheet, which will also contain (where applicable): (a) a Delivery Invoice Number; (b) a Product Model and SKU; (c) a Serial Number; (d) specifics of the warranty period; (e) terms requiring you to register your product with Yamaha within 14 days of the date of purchase for the warranties to apply; and (f) information and instructions on how to register your product with Yamaha. Other than liability for death or personal injury arising from negligence or for fraud all other warranties, conditions and terms implied by a statute or common law are excluded to the fullest extent permitted by law.
To the extent allowed by law, you agree that Yamaha's liability under any warranty shall be limited to either repair or replace the Goods in question. In the event the Goods are beyond repair, Yamaha may replace such Goods with similar Goods of equivalent value. In the event that the Goods are beyond repair, and Yamaha is unable to replace such Goods with similar Goods of equivalent value, Yamaha may, subject to your agreement and to your payment to Yamaha of the difference in value of the Goods, replace the Goods with similar Goods of higher value than the Goods first purchased by you.
Unless otherwise agreed or directed by Yamaha, the Goods will have to be brought to our Service Centre and the replacement or repaired Goods are to be collected by you personally or by a person authorized by you. Deliveries by Yamaha can be arranged and all labour and transport charges, are to be paid fully by you upon delivery of the Good to you, unless otherwise stated.
This warranty is only valid in Singapore and to you as the original end-user purchaser and shall not be transferable or assignable to any third party.
The decision of Yamaha on all issues relating to defects shall be final and binding on the parties.
Any arrangement between you and Yamaha for the repair, maintenance or servicing of any Goods shall be subject to such additional terms and conditions as you and Yamaha may agree to in writing.
Unless otherwise agreed or directed by Yamaha, the Goods will have to be brought to our Service Centre and collected by you personally or by a person authorized by you on completion of service or repair. Deliveries by Yamaha can be arranged and all labour and transport charges, together with any repair charges, are to be paid fully by you upon delivery of the Good to you, unless otherwise stated.
All Goods sent in for repairs, maintenance or servicing must be collected within one (1) week of the notification by Yamaha that the repairs, maintenance or servicing have been completed. If you fail to collect any Goods sent for repairs, maintenance or servicing within one week of the notification by Yamaha that the repairs, maintenance or servicing have been completed, Yamaha shall have the right to charge you reasonable fees for the storage of said Goods. Any such storage fees shall be paid by you upon collection of the Goods. If you fail to collect any Goods sent for repairs, maintenance or servicing within one month of the notification by Yamaha that the repairs, maintenance or servicing have been completed, Yamaha shall have the right to dispose of any Goods left uncollected in any manner that it deems fit. Yamaha shall have no liability to the Customer in the event that it disposes any Goods pursuant to this Clause.
Except as explicitly stated otherwise, any notice to you shall be emailed, delivered by hand or registered mail to the address you have provided to Yamaha in the Online Order and any notice to Yamaha shall be delivered to 202 Hougang Street 21 #02-00 Singapore 530202 by hand or registered mail to our registered office. Notice shall be deemed given at the time of delivery if delivered by hand and 5 days if sent by registered mail. Yamaha bears no responsibility and emails sent by Yamaha shall be deemed to have been given if the email address or address given by you is invalid or the email was rejected by your end or undelivered due to technical constraints beyond our control.
Copyright and Other Intellectual Property
All Contents in the Site are owned by Yamaha Music (Asia) Private Limited and/or its related corporations and/or its licensors. Save for the purposes of submitting Online Orders, no part or parts of the Contents may be reproduced, distributed, copied, adapted, modified, republished, displayed, broadcast, performed, transferred, sold, hyperlinked, "mirror", framed, transmitted, used to create derivative works from or stored in an information retrieval system for any other purposes or used in any other manner or means without prior written permission of Yamaha.
Where expressly provided for by Yamaha on the Site, some contents on this Site are available for download by you (the "Downloadable Content"). Yamaha hereby grants you a non-exclusive, limited, non-transferable, royalty-free right to download the Downloadable Content for your personal and non-commercial use only. You shall not sub-license, distribute, adapt, modify, create derivative works from, decompile, reverse engineer the Downloadable Content without the prior written consent of Yamaha.
In respect of any information or materials which you submit to Yamaha using the Site, you agree that such information or materials are non-proprietary and non-confidential and grant to Yamaha, companies within the Yamaha group and its affiliates, a word-wide perpetual license without charge to use such information or materials for any purpose it deems necessary, including without limitation, the copying, transmission, distribution, broadcast and publication thereof, unless restricted by applicable law. In addition, you hereby grant to Yamaha, companies within the Yamaha group and its affiliates, a word-wide perpetual right to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any information or materials submitted to Yamaha for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products using such information or materials. Yamaha shall also be entitled to make use of, to publish and to make available, in any way, any demographical and statistical data it collates from your usage of the Site.
You agree that Yamaha shall not be under any obligation of confidentiality to you regarding any information or materials submitted to it using the Site unless agreed otherwise in a separate direct contract between you and Yamaha or as required by law.
Trademarks of Yamaha
All marks, names and logos (whether registered or unregistered), including the above "Yamaha" name and tuning fork logo, used on the Site (unless otherwise stated) are trade marks, service marks and other intellectual property held by Yamaha and/or companies in the Yamaha Group, including Yamaha Corporation, Japan and may not be used in any way without the prior written permission of Yamaha, Yamaha Corporation, Japan or their respective owners. No permission or license is granted to use any such trade mark, service mark or intellectual property right without the prior written consent of Yamaha, companies within the Yamaha group or its legal representatives (as the case may be).
Yamaha and Yamaha Corporation, Japan prohibits the use of the trademarks as a "hot" link or deep link to any site unless the establishment of such link is approved in advance by Yamaha or Yamaha Corporation, Japan in writing.
Yamaha attempts to display the Goods on the Site as accurately as possible. However, we cannot guarantee that the colours you see matches the actual colours of the Goods or all views of the Goods are reflected due to technical and space constraints. You are welcomed to attend at our retails outlets to view and test the Goods, if preferred.
Links to Third Party Sites
The Site may contain links to or reference to other websites that may be accessed, or which may originate outside the boundaries of the Site and which information Yamaha will have no control. Therefore, Yamaha shall have no obligation or responsibility regarding any content derived, obtained, accessed within, through or outside the Site. Yamaha's links to such websites does not imply any warranty, endorsement or verification of the contents on such websites or any association with their operators and such websites shall be accessed at your own risk.
Third Party Services
Yamaha may offer a variety of third-party services from the Site. These include but are not limited to online payment gateways, freight forwarding, examination, authentication and personal shopping of Goods. When you choose to use any of these services, we will need to provide some of your information to the third parties in order for them to assist you. These third-party suppliers and service providers facilitate and complement our services to make the transactions a more pleasant experience to you. You hereby confirm that by submitting the Online Order, you are agreeing to the disclosure of your personal information to such third-party service providers.
This Site is provided "as is" without warranty of any kind. Yamaha hereby disclaims all warranties with regard to the Site, including without limitation, its reliability, completeness, accuracy, timeliness, all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement of third-party rights to the furthest extent permitted by law.
Notwithstanding any provisions to the contrary, Yamaha shall not be liable, to the furthest extent permitted by law, for any actual, direct, special, indirect or consequential damages, loss of use, loss of profits, economic loss or any damages whatsoever whether in an action on contract, negligence or other tortious action, arising out of or in connection with:-
any access to, use or inability to access or use the Site, any delays or reliance on the Contents;
any system, server or connection failure, error, omission, interruption, delay in transmission, or computer failure;
any use of or access to any other website linked to the Site, the accuracy or reliance on the Contents or any output from the Site;
any malware, computer virus or other malicious, destructive or corrupting code, programme, macro or the like in the Site; regardless of whether Yamaha had been advised of or could have foreseen the possibility of such loss or damage.
Yamaha shall be under no liability to you for any claims, delay, loss or any other damage arising out of war, rebellion, civil commotion, strike, look-outs, industrial disputes, fire, explosion, earthquake, flood, drought, or bad weather, act of God, the unavailability of the Goods or any parts thereof or the requisitioning or other act or order by any governmental authorities and any other circumstances or happenings beyond our control.
In case of any conflict or inconsistency between these Terms and Conditions and any other terms or legal notices posted on the Site or otherwise applicable between the parties in relation to the Site, the documents shall prevail in the following order:
second, these Terms and Conditions.
By accessing and/or using the Site, you agree that Singapore law (including without limitation, the provisions of the Evidence Act (Cap. 97) and the Electronic Transactions Act (Cap. 88) shall govern such access and use, and you agree to submit to the non-exclusive jurisdiction of the Singapore courts without regard to any conflict of law provisions. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of the Agreement.
Any provision of the Agreement prohibited by law or by court decree shall be ineffective to the extent of such prohibition, but such provision shall not in any way invalidate or affect the remaining provisions of this Agreement.
Failure or neglect by Yamaha to enforce at any time of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights herein nor in any way affect the validity of the whole or any part of this Agreement nor prejudice our rights to take subsequent action.
Any claim, dispute or matter arising out of or in connection with this Agreement, including any question regarding the validity, construction and performance of this Agreement, shall be referred to and resolved by arbitration under the Arbitration Rules of the Singapore International Arbitration Centre, which are incorporated by reference. The arbitration will be in English and there will be one single arbitrator who will be appointed by the President of the Singapore International Arbitration Centre. The governing law of the arbitration will be Singapore law.
These Terms and Conditions are governed by the laws of the Republic of Singapore and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.