Tu Brush™ will not sell, rent, lease, share, or transfer the personal information we collect.
1 DEFINITIONS 1.1 In these Terms,
(a) “you” means any person visiting or using the Website;
(b) “Agreement” means the agreement between you and tu-brush.com for the provision of toothbrushes and related materials as governed by the these terms or other documents containing terms (such as a booking form or invoice) in conjunction with these Terms & Conditions;
(d) “Website” means the website and its related pages, including any mobile site or mobile or other application that we may offer;
2 USE OF WEBSITE
(i) Your access to, browsing, contributions to and use of this Website are subject to the following Terms as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding.
(ii) If you do not agree to any of these Terms, you must not visit, use or continue to use the Website. We will, from time to time, revise and update the Terms and we will publish all such updates on our Website. All updated Terms become effective immediately upon being published on the Website.
(iii) Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tu-Brush.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Singapore law and other copyright laws, and is the property of tu-brush.com
The collective work includes works that are licensed to tu-brush.com Copyright 2018, TU BRUSH ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with tu-brush.com or purchasing tu-brush.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with tu-brush.com or to purchase tu-brush.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by tu-brush.com
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
4. UNAUTHORISED USE
(i) You are solely responsible for all activity that occurs using your account, and solely responsible to keep your access to it and your passwords secure. Tu-brush.com does not accept any responsibility for activity or purchases made using your account by unauthorised access of your account. If you suspect or become aware of any unauthorised use of your account or that your account or passwords are no longer secure, you must immediately notify Tu-Brush.com and immediately take all reasonable steps to protect your account.
(ii) When you notify Tu-Brush.com of your account being accessed without your authority or your account or passwords not being secure, we will immediately lock and cancel your account to prevent any further misuse. We will allow you to register a new account only after we are satisfied, in our sole discretion, that you have taken all reasonable steps to ensure that your account and passwords will be kept secure in the future.
(iii) You agree to release and indemnity Tu-Brush.com from any loss or claim arising, whether directly or indirectly, from any unauthorised use of your account.
(iv) You acknowledge that when you register and use the Website, you will receive correspondence from Tu-Brush.com, including newsletters, relating to the Website purposes.
6 LIMITED LICENCE TO USE
(i) Tu-Brush.com grants you a revocable limited non-exclusive license to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable Content for personal, private or domestic purposes only or for the sole purpose of making purchases from the Website.
(ii) You warrant that you are not visiting or using the Website or Content or purchasing any goods or services from the Website for any commercial purpose and will not access, browse, use or contribute to the Website for a commercial purpose except with the prior written consent of Tu-Brush.com
(iii) Except as expressly permitted in these Terms or on the Website, or with Tu-Brush.com’s prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.
(i) You must not damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.
(ii) Tu-Brush.com will hold you liable for any loss, damage or claims arising, directly or indirectly, from your interference with the Website, Content, security or access to the Website or Content or in any other way prevent the usual operation of the Website and its availability to the public.
(i) When placing an Order you will be required to select the goods you wish to purchase, specify the quantity of such goods noting any purchase conditions including minimum or maximum units that may apply to specific goods. For each order you must provide accurate and up-to date details of the purchaser, payment details, delivery details and any other information required to effectively process your order.
(ii) Once you have submitted an order, you must make payment for the order in accordance with the payment methods specified or referred to on the Website or otherwise notified to you.
An order will only be deemed to be placed when you have submitted it the order and full payment has been received by us.
(iii) Tu-Brush.com reserves the right to accept or reject your order for any reason including, the unavailability of any goods or services, an error in the price or description or any goods or services or any error in your order, and in the event that we cancel your order, we will provide a full refund of any payments received from you.
(iv) You release and indemnify Tu-Brush.com against any loss, damage or claims that may arise as a result, directly or indirectly, of your conduct or the conduct of your associates, agents or employees, with respect to the receipt of goods, compliance with the instructions or any other obligation imposed on you under these Terms.
(v) Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Tu-Brush.com nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
Tu-Brush.com also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
9 PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES
Tu-Brush.com reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
10 PRICE AND PAYMENTS
(i) The price of goods will be specified or referred to on the Website or otherwise notified to you. We may at our sole discretion from time to time update the price of any goods available on our Website. All prices will be processed in United States dollars unless otherwise notified on the Website.
(ii) If payment is not received in full or if it is declined by any bank or credit card issuer for any reason whatsoever, Tu-Brush.com will not process your order and you will be required to provide alternative payment details. If the goods are no longer available at the time of processing any alternative payment details, Tu-Brush.com will not be responsible for any loss incurred by you by such goods being unavailable.
(iii) Tu-Brush.com accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts. You agree to release and indemnify Tu-Brush.com against any loss, damage or claim arising, directly or indirectly, from any unauthorised use of your payment details.
All trademarks, service marks and trade names of Tu Brush, Baby Tu, used in the site are trademarks or registered trademarks of Tu-Brush.com
12 WARRANTY DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tu-Brush.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tu-Brush.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tu-Brush.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
13 LIMITATION OF LIABILITY
Tu-Brush.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tu-Brush.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(i) It is your sole responsibility to read and understand all safety information, instructions and warnings contained on the Website, any packaging or otherwise notified to you. If you do not understand any information you must, prior to placing any order or using, or allowing anyone else to use, the goods, contact us to explain the information. This is for your own safety for which you are solely responsible.
(ii) Prior to using any goods, or allowing anyone else to use the goods, you must review the expiration date (if any) and you must not use any goods once the expiration date has expired. It is your sole responsibility to be aware of the expiration date of any opened goods to ensure that use of the goods is immediately discontinued on the expiration date. Tu-Brush.com are not responsible for any harm, loss or damage suffered by you as a result of your failure to comply with safety information and warnings provided on our Website, product packaging or as otherwise notified to you.
(iii) Except to the extent required by the law or as is expressly set out in the Terms, Tu-Brush.com specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any order or purchasing any goods or using any goods and in no event will Tu-Brush.com, its subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if Tu- Brush.com has been advised of the possibility of such damages).
(iv) In any event, Tu-Brush.com disclaims all total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) for accessing the Website or purchasing any goods.
(v) Tu-Brush.com’s liability for breach of any condition or warranty implied by legislation is, at Tu-Brush.com’s option, limited to the replacement of goods, the supply of equivalent goods or to supplying services again or payment of the cost of having services supplied again.
(vi) Without limiting the above, you acknowledge that Tu-Brush.com accepts no responsibility or any liability for orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at your own risk. Tu-Brush.com does not accept any responsibility or liability for any information or errors provided by you in an order including your failure to do all things necessary to ensure conditions of delivery and receipt of goods are suitable and safe.
(vii) You release and forever discharge Tu-Brush.com, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
You agree to indemnify, defend, and hold harmless Tu-Brush.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
This Clause contains continuing separate obligations and it survives termination.
15 TYPOGRAPHICAL ERRORS
In the event that a Tu-Brush.com product is mistakenly listed at an incorrect price, Tu-Brush.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tu-Brush.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tu-Brush.com shall issue a credit to your credit card account in the amount of the incorrect price.
16 TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tu-Brush.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Tu-Brush.com reserves its right to refuse service, terminate an order or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with your reliance on the Order in any way, other than a refund that is expressly permitted under the Terms.
17 INTELLECTUAL PROPERTY
(i) You acknowledge that Tu-brush.com is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to Tu-brush.com
(ii) Upon contributing or providing content of any kind to the Website, including via third party sites such as Instagram, Facebook or Twitter, you immediately grant Tu-brush.com a license to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause is sufficient to give effect to the licence. You acknowledge that any contribution you make to the Website or via other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to Tu-brush.com you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms. You warrant that any content contributed by you is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it.
(iii) All material published on the Website may, at Tu-brush.com sole discretion, be edited, removed or republished for any reason whatsoever.
Tu-Brush.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tu-Brush.com
19 THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Tu-Brush.com may link to sites operated by third parties. However, even if the third party is affiliated with Tu- Brush.com, Tu-Brush.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tu-Brush.com
These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tu-Brush.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
If you use the links contained on our Website to access Third Party Content you do so entirely at your own risk and liability. In addition, without limiting any other part of the Terms, reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on or via the Website does not constitute or imply any endorsement, sponsorship or recommendation by Tu-Brush.com
20 CHARITABLE DONATIONS
(i) Tu-brush.com will donate a proportion of our profits or goods to schools, hospitals or organisations identified and nominated by us located in any part of the world or underprivileged communities. We may choose to divide our donation in any manner we see fit and may change the nominated recipients from time to time in order for our donations to reach as many underprivileged communities as we choose.
(ii) We will advise the details of our donations on the Website from time to time.
(iii) Tu-brush.com are not required to account for any charitable donations withheld or made to any charitable entity or nominated organisation or community and is under no obligation to justify or explain any decision with regard to the donation choices or process.
21 DELIVERY OF GOODS
(i) You must read all order and purchase instructions specified on the Website and you are solely responsible for complying with such instructions. If you believe the instructions to be unclear you must contact Tu-Brush.com directly for clarification of your obligations. Tu-Brush.com cannot and does not guarantee the availability of any goods if the placing of your order is delayed while you contact us for clarification of any goods and we are not responsible for any loss incurred by you by not immediately lodging any order.
(ii) As soon as practicable after the placement of your order an email notification will be issued to confirm your order.
(iii) You are solely responsible for compliance with all delivery requirements including, if required, being available for the acceptance of delivery of goods and for provision of a correct and up-to-date delivery address. If you fail to receive your goods because you or no one was at the delivery address to receive the goods (if required) or if you have recorded incorrect delivery details, Tu-Brush.com will not be liable for any loss that may arise.
(iv) Upon obtaining your goods, you must examine them carefully and promptly notify Tu-Brush.com of any defects or other issues, or if any part of your order is missing or if any details do not correspond with your order.
22 RETURNS POLICY
(i) Tu-Brush.com will not resell returned goods due to hygiene purposes. If they are faulty or do not correspond to your order, in this event we will ship you a new piece in replacement. Faulty or damaged products are assessed on a case by case basis. You will need to email us at within 1 working day to inform us of the faulty or damaged product. Photos of the fault / damage incurred will be needed for us to assess the damage. No return or refund is available if you change your mind after ordering or made a mistake when ordering.
(ii) It is your sole obligation to inspect the goods on receipt and satisfy yourself that they correspond to your order and are not faulty. If you believe that your delivered goods are incorrect or faulty then you must notify us within 7 days of receipt, providing to us a description of the fault or error
(iii) If goods are faulty then we may, in our sole discretion, replace the goods or pay for the replacement of the same or similar goods.
(iv) If the delivered goods do not correspond to your order we will, as soon as practicable, attend to the replacement of those good with goods pursuant to your order. You understanding that packing and delivery of goods may be out of our control and we are not responsible for any inconvenience or loss you incur as a result of being delivered incorrect goods. Our sole responsibility is to rectify the error in a timely manner.
(vi) If for any reason at all that you do not like your TU BRUSH, you may return it and we will refund 100% of your money. You have to pay the shipping costs incurred when returning it to us. All items returned should be returned in its original packaging and condition when you first receive it. You have 3 days from the date of receiving your TU BRUSH to email us at regarding Returns. If 3 days has lapsed, we will not be accepting returns. *This does not apply to orders exceeding 20 sets / special bulk orders / wholesale / distributors
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
Tu-Brush.com and its management and staff will not be responsible for any health issues, allergies, injuries or any unrelated events by nature or self inflicted arising from the use of any Tu-Brush.com products