TERMS AND CONDITIONS 

Whereas:  

  1. Miraculous Catch Aquarium (UEN: 53403283D) (“MCA”) is a provider of (i) Livestock, (ii) Products, and (iii) Services for aquariums; and  
  1. The Customer wishes to purchase and/or procure (i) Livestock, (ii) Products or (iii) Services from MCA. 

IT IS AGREED AS FOLLOWS: 

  1. Interpretation 
  1. A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subsidiary legislation made under that legislation or legislative provision. 
  1. Any phrase introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 
  1. The singular shall include the plural and vice versa, and references to one gender include all genders. 
  1. References to a person include any individual, firm, body, corporate (wherever incorporated), government, state or agency of a state or any joint venture, association, partnership, works council or employee representative body (in any case, whether or not it has separate legal personality). 
  1. A reference to writing or written includes emails and Private Messaging.  
  1. Unless the context otherwise requires, words and expressions shall have the meanings given to them in the table below: 
 Words and Expressions Meaning 
 Accessories Equipment such as pump(s) and decorative element(s) that are placed in a Tank. 
 Advance Payment Your full payment of the purchase price upfront referred to in rows a. to c. of the Table in Clause 2.3.2. 
 Arrival Date (Courier) The date referred to in Clause 5.4.3a for MCA’s courier delivery of Product(s) overseas. 
 AVS Animal & Veterinary Service of Singapore. 
 Clause or Clauses Clause(s) in these Terms and Conditions. 
 Collect and Collection You, coming to the Store to take the Livestock and/or Products which You have purchased. 
 Collection Date (Livestock) The date referred to in Clause 3.2.1  and 3.2.2, for You to take the Livestock from MCA’s Store. 
 Collection Date (Products) The date referred to in Clauses 5.2.1 and 5.2.2, for You to take the Product(s) from MCA’s Store. 
 Consultancy Address The address referred to in Clause 7.2.2a, for MCA’s Tank Consultancy Services. 
 Consultancy Date The date(s) referred to in Clause 7.2.2b for MCA’s Services on Tank Consultancy. 
 Consultancy Services The Services referred to in Clauses 2.1.1.a.ii and 7.2. 
 2nd Consultancy A 2nd attempt by MCA to provide Services on Tank Consultancy under Clause 7.2.3 due to no one in Your household or organisation answering the door at the Consultancy Address on the Consultancy Date. 
 2nd Consultancy Charge The charges referred to in Clause 7.2.3c for MCA’s 2nd attempt to provide Consultancy Services. 
 2nd Consultancy Date The date(s) referred to in Clause 7.2.3b for MCA’s 2nd attempt to provide Consultancy Services. 
 Courier Address (Products) The address referred to in Clause 5.4.1.  
 Customer or You The person or entity placing an Order or Pre-Order with MCA. 
 Deliver and Delivery  MCA, bringing the Livestock, Products or Services which You have purchased to the Delivery Address (Livestock), Delivery Address (Products) or the Delivery Address (Services), respectively. 
 Delivery Address (Livestock) The address You have provided to MCA to deliver Livestock referred to in Clause 3.3.3 
 Delivery Address (Products) The address You have provided to MCA to deliver Products referred to in Clause 5.3.3 
 Delivery Date (Livestock) The date referred to in Clauses 3.3.1  and 3.3.2 for MCA’s delivery of Livestock. 
 Delivery Date (Products) The date referred to in Clauses 5.3.1 and 5.3.2 for MCA’s delivery of Product(s). 
 Deposit  The amount You pay upfront referred to in rows b. and c. of the Table in Clause 2.3.2. 
 Installation The Service of Tank design and installation referred to in Clauses 7.1 and 2.1.4. 
 Installation Address The address referred to in Clause 7.1.3a, for MCA’s installation of Tank. 
 Installation Date The date(s) referred to in Clause 7.1.3b, for MCA’s installation of Tank.  
 2nd Installation A 2nd attempt by MCA to install a Tank at the Installation Address referred to in Clause 7.1.3a, due to no-one in Your household or organisation answering the door at the Installation Address on the Installation Date.  
 2nd Installation Charge The charges referred to in Clause 7.1.3a, for MCA’s 2nd attempt for Installation of Tank. 
 2nd Installation Date The date(s) referred to in Clause 7.1.4b for MCA’s 2nd attempt for installation of Tank. 
 Livestock Live animals, including but not limited to fishes, shrimps, crabs or lobsters that MCA offers for sale. 
 Maintenance  The services referred to in Clauses 7.3 and 2.1.4. 
 Maintenance Address The address referred to in Clause 7.3.1a, for MCA’s maintenance of Tank. 
 Maintenance Date The date referred to in Clause 7.3.2c, for MCA’s maintenance of Tank. 
 MCA or We or Us Miraculous Catch Aquarium (UEN: 53403283D), a Singapore-registered business, with its business address at 3 South Buona Vista Rd, #01-27, Singapore 118136.   
 Notice of Availability  The notice MCA gives You under Clause 2.2.4c when We are successful in sourcing the Livestock and/or Products set out in Your Pre-Order. 
 Order  When You make a request to MCA to purchase Livestock, Products or Services from Us in accordance with one of the methods in Clause 2.2, you place an Order with us. 
 Party and Parties Either You or MCA, depending on the context. Parties refers to both You and MCA.  
 Pre-Order Type of Order described in Clause 2.1.2.a. 
 Private Messaging Communications sent via digital communication applications such as email, WhatsApp, Telegram, Line, WeChat as well as via direct messaging functions on Social Media.  
 Products All goods including Tank and Accessories that MCA offers for sale other than Livestock. 
 Receive and Receipt When the Livestock or Products you have purchased are either Delivered to You or You have Collected from MCA’s Store. 
 Services The services MCA offers to provide as set out in Clause 2.1.4. 
 Social Media  MCA’s accounts on online platforms such as Facebook and Instagram, as well as MCA’s publicly accessible Telegram chat group.  
 Species In relation to Livestock, this means the name for the specific Livestock at the sub-species level of taxonomy as represented by its trinomen comprising the binomen for the species followed by the name of the sub-species.  
 Store MCA’s storefront at 3 South Buona Vista Road, Viva Vista Mall, #01-27, Singapore 118136. 
 Supplier  Refers to an entity supplying Livestock and/or Products to MCA, or the manufacturer or distributor that MCA obtains Products from. 
 Tank A container which can be filled with water in which Accessories can be placed and Livestock kept. 
 Website MCA’s website at https://mcatchaquarium.com/  
  1. Placing Orders With Us 
  1. What We Provide  
  1. We provide Livestock, Products and Services as described below.  
  1. Livestock 
  1. Customers can place Orders with Us for Livestock that we have available in our tanks in-Store and Pre-Orders for Livestock that are not available in our tanks. 
  1. Livestock are sold on the basis that they will be of the same Species as displayed in-Store or shown on MCA’s Website or via Private Messaging. 
  1. Any images or videos of Livestock made available to Customers on MCA’s Website, Social Media, or Private Messaging are for reference purposes only. MCA does not warrant that the Livestock sold to the Customer will match any image or video exactly, whether in colour, shape and/or size. 
  1. Livestock are only available for sale to Customers in Singapore. MCA reserves the right in its absolute discretion to terminate any Order or Agreement, forfeit any deposits or advance payments made, and levy a termination administrative fee of $50 if a Customer has placed an Order for delivery of Livestock outside Singapore. 
  1. Products 
  1. Customers can place Orders with Us for Products that we have available in-Store and Pre-Orders for Products that are not available in-Store. 
  1. Products are sold on the basis of their descriptions and technical specifications as provided by the Products’ manufacturers or suppliers.  
  1. Any images or videos of Products made available to Customers on MCA’s Website or Social Media, or Private Messaging are for reference purposes only. MCA does not warrant that the Products sold to the Customer will match the images or video exactly, whether in colour, shape and/or size. 
  1. Products are available for sale to Customers in and outside Singapore.  
  1. MCA expressly incorporates the Product warranties set out in their packaging (where available). 
  1. Services 
  1. MCA provides the following THREE (3) types of Services: 
  1. Tank Design and Installation 
  1. This refers to MCA’s design and installation services in relation to Your tank, and includes visits by MCA for these purposes. For the avoidance of doubt, Your purchase of a Tank and/or Accessories is/are an Order for Product(s), and Your purchase of any Livestock for a Tank is an Order for Livestock. 
  1. Consultancy Services  
  1. This refers to ONE (1) physical visit by MCA to: 
  1. inspect Your tank to determine any issues with it;  
  1. provide Our recommendations for improvements or changes to Your Tank and its contents; and  
  1. arrange to implement Our recommendations in subsequent visit(s). 
  1. MCA does not warrant being able to carry out or complete any of the consultancy services described above in ONE (1) visit. If additional visit(s) are required to perform the said work, MCA will inform You of this, and you can Order additional visit(s) accordingly. 
  1. Maintenance 
  1. This refers to a package of FOUR (4) weekly visits in a month to inspect and maintain your tank, for a minimum period of TWELVE (12) months.  
  1. MCA warrants to exercise reasonable care and skill in delivering Our Services. 
  1. MCA does not provide Services to Customers outside of Singapore. 
  1. How to Place Orders with Us  
  1. Placing Orders in MCA’s Store  
  1. MCA’s prices for Livestock, Products and Services are quoted by Us or on signs displayed in-Store.  
  1. You may place your Order for Livestock, Products and Services by informing MCA of what You require. Placing an Order does not give rise to a binding contract between You and MCA.   
  1. MCA will make You an offer to sell your chosen Livestock, Products and/or Services at the price and on MCA’s terms and conditions set out in our receipt. 
  1. You can then accept Our offer by paying the full purchase price shown in our receipt. This forms our agreement with you to provide the Livestock, Products and/or Services that You have Ordered on MCA’s Terms and Conditions and signifies Your acceptance of MCA’s Terms and Conditions.  
  1. In the event where MCA does not have some or all of the Livestock or Products in Your Order, or where You make a special request for MCA to source a particular Livestock or Product for You, You may instead place a Pre-Order for those Livestock or Products under Clause 2.2.4. 
  1. Placing Orders Through MCA’s Website 
  1. MCA’s prices for Livestock and Products are as listed on MCA’s Website.  
  1. You may place your Order for Livestock and Products through MCA’s Website, following the process set out there, on MCA’s Terms and Conditions as set out on MCA’s Website.  
  1. As part of placing an Order on MCA’s Website, You will have to pay the full purchase price as shown in Your Order. 
  1. MCA will send You a receipt to accept all or part of Your Order. This receipt will set out the prices and quantities of the Livestock and Products that MCA has accepted, and contain a copy of MCA’s Terms and Conditions. This forms Our agreement with you to provide the Livestock and/or Products set out in the receipt, and signifies Your acceptance of MCA’s Terms and Conditions. 
  1. MCA will refund you any payment made under Clause 2.2.2c. above if it does not accept Your Order for any reason. If MCA does not accept part of Your Order, MCA will make a refund for that part.  
  1. In the event where MCA does not have the Livestock or Products that You would like to have, or where You make a special request for MCA to source a particular livestock or Product for You, You may instead place a Pre-Order for those Livestock or Products under Clause 2.2.4. 
  1. Orders cannot be placed for MCA’s Services through Our Website. Orders for Services can only be placed either in Store under clause 2.2.1 above or through Private Messaging under clause 2.2.3 below.  
  1. Placing Orders Through Private Messaging 
  1. MCA’s prices for Livestock, Products and Services are quoted to You through the Private Messaging channel that You used to contact Us. 
  1. You may place your Order for Livestock and Products through the same Private Messaging channel. 
  1. MCA will make You an offer to sell your chosen Livestock, Products and/or Services at the price and on the terms and conditions set out in our invoice sent via the same Private Messaging channel. 
  1. You can then accept Our offer by paying the full purchase price indicated in our invoice. This forms our agreement with you to provide the Livestock, Products and/or Services that You have Ordered on MCA’s Terms and Conditions.  
  1. In the event where MCA does not have the Livestock or Products that You would like to have, or where You make a special request for MCA to source a particular livestock or Product for You, You may instead place a Pre-Order for those Livestock or Products under Clause 2.2.4. 
  1. Pre-Orders of Livestock and Products  
  1. This Clause applies either (i) when MCA does not have stock available for the Livestock or Products in Your Order or (ii) when you make a special request for Livestock or Products that MCA does not usually carry. 
  1. Pre-Orders under this Clause 2.2.4 can be placed with Us either in-Store, via MCA’s Website or via Private Messaging: 
  1. MCA will employ reasonable best efforts to source the Livestock and/or Products set out in Your Pre-Order; 
  1. provided that MCA is successful in sourcing the said Livestock and/or Products, MCA will offer to sell the said Livestock and/or Products to You at the price and on the terms and conditions set out in our receipt; and 
  1. You can then accept our offer by paying the Advance Payment or Deposit amount set out in Clause 2.3 below. This forms our agreement with you to provide the Livestock, Products and/or Services that You have Ordered on MCA’s Terms and Conditions. 
  1. When MCA has the estimated arrival date of the Livestock and/or Products set out in Your Pre-Order, We will give You a notice informing You of an estimated date when We expect the Livestock and/or Products to arrive (the “Notice of Availability”). 
  1. MCA will arrange for You to Collect the Livestock and/or Products or  for Us to Deliver the Livestock and/or Products in accordance with Clauses 3.2.1 or 3.3.1 below. 
  1. Advance Payments and Deposits 
  1. For all Pre-Orders Livestock and Products, You are obliged to make an Advance Payment or place a Deposit according to the Table in Clause 2.3.2 below. 
  1. Table 2.3.2: 
 Value of Pre-Order Amount 
 Below $200 The entire purchase price.  
 From $200 to $500 10% of the purchase price. 
 Above $500 15% of the purchase price. 
  1. For the avoidance of doubt, for Your Order from MCA’s Store, Website and Social Media where MCA has available stock, MCA will require You to make full payment. 
  1. Any Advance Payment or Deposit for Services will be separately agreed between the Parties via Private Messaging. 
  1. RECEIVING LIVESTOCK 
  1. Immediate Collection of Livestock  
  1. Where You place an Order in-Store and MCA have stock in-Store, You may immediately Collect the Livestock You have purchased. 
  1. Collection of Livestock at a Later Date 
  1. Where You indicate in Your Order to Collect the Livestock at a later date, MCA will inform You of an available date for You to Collect the Livestock (the “Collection Date (Livestock)”): 
  1. for Orders placed in Our Store, MCA will inform You of the available date directly; 
  1. for Orders placed through our Website, Our Website will display an available date; or 
  1. for Orders placed through Private Messaging, MCA will inform You of an available date through the same Private Messaging channel You used to place Your Order. 
  1. Where You place a Pre-Order for Livestock, MCA will provide You with an available date for You to Collect the Livestock (the “Collection Date (Livestock)”) when we provide You with the Notice of Availability under Clause 2.2.4c.  
  1. If You do not Collect the Livestock on the Collection Date (Livestock), Your failure is deemed a repudiation of Your Agreement with MCA. MCA will then be entitled to (a) terminate the Agreement; and (b) forfeit any payment made under Clause 2.3 above; and (c) sell the Livestock to another party without Your consent or further reference to You.  
  1. Delivery of Livestock in Singapore Only 
  1. Where You indicate in Your Order Your choice to have MCA Deliver the Livestock to You or Your nominee, MCA will inform You of an available date for delivery (the “Delivery Date (Livestock)”): 
  1. for Orders placed in Our Store, MCA will inform You of the said date directly; 
  1. for Orders placed through our Website, Our Website will display an available date; or 
  1. for Orders placed through Private Messaging, MCA will inform You an available date through the same Private Messaging channel You used to place Your Order.  
  1. Where You place a Pre-Order for Livestock with Us, MCA will provide You with an available date for delivery (the “Delivery Date (Livestock)”) when we provide You with the Notice of Availability under Clause 2.2.4c.  
  1. In each case, when MCA informs you of the Delivery Date (Livestock), you will have to provide MCA with a local delivery address to make the delivery to (the “Delivery Address (Livestock)”). 
  1. If You or Your representative (or Your nominee or their representative, as the case may be) are not at the Delivery Address (Livestock) on Delivery Date (Livestock) to receive the Livestock, that absence is deemed a repudiation of Your Agreement with MCA. MCA will then be entitled to (a) terminate the Agreement; and (b) forfeit any payment made under Clause 2.3 above; and (c) sell the Livestock to another party without Your consent or further reference to You. 
  1. MCA does not deliver Livestock to addresses outside of Singapore.  
  1. SPECIAL LIMITATION OF LIABILITY FOR LIVESTOCK 
  1. MCA shall not be liable to You for the death of Livestock once the Livestock has been Collected by You or Delivered to You or Your representative (or Your nominee or their representative, as the case may be).  
  1. You represent to MCA that You or Your representative (or Your nominee or their representative, as the case may be) has inspected the Livestock at the point of Collection or Delivery and that the Livestock is in satisfactory condition.   
  1. Clauses 4.1 and 4.2 do not apply in situations where MCA has prior knowledge that the Livestock is ill at Collection or Delivery. 
  1. RECEIVING PRODUCTS 
  1. Immediate Collection of Products 
  1. Where You place an Order in-Store and MCA have stock in-Store, You may immediately Collect the Products You have purchased. 
  1. Collection of Products at a Later Date 
  1. Where You indicate in Your Order to Collect the Products at a later date, MCA will inform You of an available date for You to Collect the Products (the “Collection Date (Products)”): 
  1. for Orders placed in Our Store, MCA will inform You of the available date directly; 
  1. for Orders placed through our Website, Our Website will display an available date; or 
  1. for Orders placed through Private Messaging, MCA will inform You of an available date through the same Private Messaging channel You used to place Your Order. 
  1. Where You place a Pre-Order for Products, MCA will provide You with an available date for You to Collect the Products (the “Collection Date (Products)”) when we provide You with the Notice of Availability under Clause 2.2.4c.  
  1. If You do not Collect the Products on the Collection Date (Products), Your failure is deemed a repudiation of Your Agreement with MCA. MCA will then be entitled to (a) terminate the Agreement; and (b) forfeit any payment made under Clause 2.3 above; and (c) sell the Products to another party without Your consent or further reference to You. 
  1. Delivery of Products in Singapore  
  1. Where You indicate in Your Order Your choice to have MCA Deliver the Products to You or Your nominee, MCA will inform You of an available date for delivery (the “Delivery Date (Products)”): 
  1. for Orders placed in Our Store, MCA will inform You of the said date directly; 
  1. for Orders placed through our Website, Our Website will display an available date; or 
  1. for Orders placed through Private Messaging, MCA will inform You an available date through the same Private Messaging channel You used to place Your Order.  
  1. Where You place a Pre-Order for Livestock with Us, MCA will provide You with an available date for delivery (the “Delivery Date (Products)”) when we provide You with the Notice of Availability under Clause 2.2.4c. 
  1. In each case, when MCA informs you of the Delivery Date (Products), you will have to provide MCA with a local delivery address to make the delivery to (the “Delivery Address (Products)”). 
  1. If You or Your representative (or Your nominee or their representative, as the case may be) are not at the Delivery Address (Products) on Delivery Date (Products) to receive the Products, You are deemed to have consented to Us leaving the Products at the entrance of the Delivery Address (Products), which shall constitute delivery of the said Products. 
  1. Delivery of Products Overseas 
  1. Where You indicate in Your Order the choice to have MCA Deliver the Products to You or Your nominee outside of Singapore, MCA will engage a courier service to send the Products to the address indicated in Your Order (the “Courier Address (Products)”).  
  1. The Products shall be deemed Delivered to You when MCA hands the Products over to the courier service. 
  1. Upon Delivery in accordance with Clause 5.4.2 above, MCA will give You notice of: 
  1. the date when the courier service will arrive at the Courier Address (Products) with the Products. This is the Arrival Date (Courier); and 
  1. the completion of Delivery by the courier service. 
  1. It is Your obligation to ensure that You or Your representative (or Your nominee or their representative, as the case may be) is available at the Courier Address (Products) on the Arrival Date (Courier) to receive the Products from the courier service. 
  1. In the event You or Your representative (or Your nominee or their representative, as the case may be) fail to be available at the Courier Address (Products) on the Arrival Date (Courier) to receive the Products from the courier service: 
  1. You are deemed to have consented to the courier service leaving the Products at the entrance of the Courier Address (Products). If the courier service so leaves the Products at the entrance of the Delivery Address (Products), MCA is not responsible for any missing Products or damage to the Products that result from the Products being so left at the entrance of the Courier Address (Products); 
  1. the courier service may leave You or Your nominee a notice that the Products can be collected at an address and within a time limit that they specify. You or Your nominee are then under a further obligation to collect the Products within the time and in the manner specified by the courier service; and 
  1. in the event You or Your nominee fail to collect the Products within the time and in the manner specified by the courier service, the courier may return the Products to MCA. In the event the Products are returned to MCA, the return is deemed a repudiation of Your agreement with MCA. MCA will then be entitled to (a) terminate the agreement; (b) forfeit any payment made under Clause 2.3 above; and (c) sell the Products to another party without Your consent or further reference to You. 
  1. MCA shall not be liable for any failure or delay in delivering the Products to the extent that any failure or delay is caused by Your failure to comply with its obligations under this Agreement. 
  1. DEFECTIVE PRODUCTS 
  1. MCA expressly incorporates all limitations of liability for product defects set out in the packaging of the Product sold. 
  1. If the Product is covered by a warranty from its Supplier, You are required to make a claim under the Warranty against the Supplier. You will have no right of recourse against MCA before exhausting Your rights against the Supplier. 
  1. MCA shall not be liable to You for products to any extent greater than the liability of a Supplier to You, save as imposed by law.  
  1. DELIVERY OF SERVICES TO YOU  
  1. Tank Design and Installation  
  1. We provide Tank design and Installation for Your tank as set out in Clause 2.1.4 above. 
  1. Through Private Messaging or meetings in person, MCA will work with You to understand how your tank is to be designed. We will provide You with the proposed design of Your tank including an Installation plan, Our pricing and payment schedule through Private Messaging or in person.  
  1. MCA will make arrangements with You for the installation of your Tank by: 
  1. obtaining the address for Your Tank installation (the “Installation Address”); and  
  1. making arrangements with you for mutually suitable date(s) for the installation of Your Tank (the “Installation Dates”). 
  1. If You or Your representative (or Your nominee or their representative, as the case may be) are not at the Installation Address on the first day of the Installation Dates, this will be deemed to be a request from You for MCA’s 2nd attempt for Your Tank Installation. In such a case, MCA will: 
  1. levy a no-show charge of $100 which You will have to pay ONE (1) week in advance of the 2nd Installation Date (the “2nd Installation Charge”); and 
  1. provide You a list of possible dates for You to select. You can choose the available date(s) for MCA’s 2nd attempt for Your Tank Installation. (the “2nd Installation Dates”).  
  1. If You (i) do not choose the 2nd Installation Dates, or (ii) do not make payment the 2nd Installation Charge, or (iii) are again not available at the Installation Address on the first day of the 2nd Installation Dates, Your conduct will be deemed a repudiation of Your agreement with us. MCA will then be entitled to (iv) terminate the agreement and, (v) forfeit any payment made under Clause 2.3 above without Your consent or further reference to You, and (vi) for the avoidance of doubt will no longer be obliged to provide you with Installation Services. 
  1. Consultancy Services  
  1. We provide Consultancy Services for Your tank as set out in Clause 2.1.4 above. 
  1. When You place an Order for Consultancy Services either in Our Store under Clause 2.2.1 or through Private Messaging under Clause 2.2.3, MCA will make arrangements with You for Our Consultancy Services for Your Tank by: 
  1. obtaining the address for Our Consultancy Services (the “Consultancy Address”); and 
  1. making arrangements with you for mutually suitable date(s) for  Our Consultancy Services (the “Consultancy Date(s)”).  
  1. If You or Your representative (or Your nominee or their representative, as the case may be) are not at the Consultancy Address on the first day of the Consultancy Date, this will be deemed a request from You for a 2nd Consultancy. In such a case, MCA will: 
  1. levy a no-show charge of $100 which You will have to pay ONE (1) week in advance of the 2nd Consultancy Date (the “2nd Consultancy Charge”); and  
  1. provide You a list of possible dates for You to select. You can choose the available date(s) for MCA’s 2nd attempt for Consultancy Services. (the “2nd Consultancy Date).  
  1. If You (i) do not choose the 2nd Consultancy Dates, (ii) or fail to pay the 2nd Consultancy Charge, or (iii) are again not available at the Consultancy Address on the 2nd Consultancy Dates, Your conduct will be deemed a repudiation of Your agreement with us. MCA will then be entitled to (iv) terminate the agreement, (v) forfeit any payment made under Clause 2.3 above without Your consent or further reference to You, and (vi) for the avoidance of doubt will no longer be obliged to provide you with the Consultancy Services. 
  1. Maintenance of Tank 
  1. We provide Maintenance Services for Your tank as set out in Clause 2.1.4 above. 
  1. When You place an Order for Maintenance Services either in Our Store under clauses 2.2.1 or through Private Messaging under Clause 2.2.3, MCA will obtaining the address for Our Maintenance Services (the “Maintenance Address”).  
  1. To utilise your ONE (1) year maintenance Services package:  
  1. You will need to contact MCA via Private Messaging for available dates at least 7 days in advance of your desired date. 
  1. MCA will provide You with Our available dates which will be around or on Your desired dates. 
  1. Once You select one of those dates, that will be the Maintenance Date. 
  1. MCA will arrive at the Maintenance Address on the Maintenance Date to provide the maintenance Services. 
  1. If You or Your representative (or Your nominee or their representative, as the case may be) are not at the Maintenance Address on the Maintenance Date, that Maintenance Service will nonetheless be deemed to have been performed. This means You will have utilised one of the visits under Your ONE (1) year maintenance Services package referred to in Clause 2.1.4.a.iii above. 
  1. PAYMENT OF BALANCE DUE 
  1. Where You have paid a deposit for Livestock, Products or Services in accordance with Clause 2.3 above, the balance purchase price is due from You. 
  1. If You had chosen to Collect the Livestock and/or Products, You shall make payment of the balance purchase price at the time of Collection. 
  1. If You had chosen for MCA to Deliver the Livestock and/or Products, You shall make payment of the balance purchase price at least 3 days prior to the Delivery Date (Livestock) and/or Delivery Date (Products). 
  1. NO CANCELLATIONS OF ORDERS  
  1. Save as set out in Clauses 2.2.4 and 6 above, all sales are final. MCA will not accept requests for refunds or exchanges.  
  1. MCA reserves the right to give You a refund in exceptional circumstances to be judged in Our absolute discretion. 
  1. EXCLUSION OF LIABILITY FOR CONSEQUENTIAL LOSSES 
  1. MCA shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement.  
  1. NOTICES 
  1. Notices from the Customer to MCA must be sent either to sales@mcatchaquarium.com or to +65 96797265. 
  1. Notices from MCA to the Customer will be sent via the mode of Private Messaging used or provided by the Customer when placing the Order. 
  1. Protecting Your Personal Data 
  1. Our data protection policy is set out on our Website at [hyperlink]. 
  1. GOVERNING LAW AND JURISDICTION 
  1. Governing law 
  1. This Agreement and any non-contractual obligations arising out of or in connection with it are subject to, and shall be construed in accordance with, the laws of Singapore.  
  1. Jurisdiction  
  1. The courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim made by the Customer against MCA (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. 
  1. Where the amount in dispute is not more than S$20,000.00, the Customer must bring claims against MCA before the Small Claims Tribunal in Singapore. 
  1. The Customer irrevocably and unconditionally submits to the jurisdiction of the courts of Singapore and waives any rights to pursue the Seller in any other court of competent jurisdiction. 
  1. The Customer further irrevocably and unconditionally submits to the jurisdiction of the courts of Singapore with respect to any dispute or claim made by the Seller against the Customer (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. 
  1. The Customer’s submission to the jurisdiction of the courts of Singapore in Clause 13.2.3 above shall not limit the rights of MCA to take proceedings relating to any claims against the Customer in any other court of competent jurisdiction.  
  1. Each party to this Agreement unconditionally and irrevocably waives any objections to the courts of Singapore on the grounds of venue, forum non conveniens or any other grounds. 
  1. Each party to this Agreement unconditionally and irrevocably waives any right it may have to jury trial, in any forum, in respect of any dispute or any other legal actions or proceedings. The foregoing may be filed as a written consent to trial by the court. 
  1. GENERAL 
  1. Entire agreement 
  1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 
  1. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement. 
  1. Variation. No variation of this Agreement shall be effective unless it is in writing and agreed by the Parties.  
  1. Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted under Clause 14.3, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. 
  1. Third party rights. No one other than a party to this agreement shall have any right to enforce any of its terms whether under the Contract (Rights of Third Parties) Act 2001 or under general law. 
  1. Amendment. MCA may amend these Terms and Conditions at any time by notifying You of the change. The amendments shall take effect on the date specified in the notice and MCA.