Welcome to Simmons E-Shop
Terms of Use
Simmons.com.sg Terms of Use
Simmons (SEA) Pte Ltd ("Simmons", "we" or "us") makes this Web site located at www.simmons.com.sg ("Site") available to you, subject to the following terms and conditions:

By accessing the information through the Site, you, the user ("you") agree that you have read and agree to use the Site in accordance with this Site's Terms of Use ("Terms of Use"). You should not use the Site in any manner or attempt to access the Site if you are not willing to be bound and abide by these Terms of Use. If you are using this Site as an employee or agent of a Simmons authorized dealer, your continued use of the Site also means that you represent and warrant that you are able to enter into legally binding contracts and that you are authorized by your principals to (i) use the Site; and (ii) to agree to these Terms of Use as a legally binding contract on behalf of you and your company (or legal entity, as applicable).

For purposes of the Terms of Use, the term "Site" includes without limitation those parts of the Site that you can access the publicly available content, materials and information of the Site, and any portion thereof; and any other content, information or materials that may be available to you through the Site (collectively, "Content").

Modifications to Terms of Use.

We may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current terms. If you do not agree with the revised Terms of Use after the revision has been made, do not use this Site further. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. For example, portions of the Site on which our products are sold may have specific terms and conditions relating to product sales, payment terms and returns.

Use of Personally Identifiable Information.

Personally identifiable information submitted by you to us through the Site is treated according to the Simmons.com.sg Privacy Policy located on this Site. Our Privacy Policy does not apply to other Web sites, and Simmons shall not have any liability for the information collection or dissemination policies of third parties. By using this Site, you agree you have read and understand the Privacy Policy, which is a condition to your use of the Site. You should not access the Site if you do not agree with the terms of the Privacy Policy.

Use of the Site.

You may access the Site solely to display the Content for informational purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding Simmons and its subsidiaries and affiliates. Other rights may be granted to you by Simmons in writing or incorporated elsewhere in the materials on this Site. Any other use of the Content or the Site is expressly prohibited. All other rights in the Content and the Site are reserved by Simmons and its licensors. You agree these Terms of Use do not grant you any rights in or licenses to the Site, except for the rights described above. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Site, or in any other way exploit any of the Content or any other part of the Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site (or any part of the Site) as part of any Web site or any other work of authorship without the prior written permission of Simmons.

Users outside the Singapore.

Simmons controls this Site within the Singapore and makes the Site available for persons located exclusively in Singapore. Please do not use the Site if you are located outside Singapore, as Simmons makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Trademarks.

Simmons®, Beautyrest®, BackCare®, Connoisseur™, World Class®, Better Sleep Through Science® and other marks used in the Site are trademarks of our affiliate, Dreamwell, Ltd. Other brand, product, service, and process names appearing on this Site are trademarks or service marks of their respective holders where indicated. Our trademarks may be not used publicly except with written permission from Dreamwell, Ltd. Reference to, description of or use of a product, service, publication or process on the Site does not imply recommendation, approval, affiliation, or sponsorship of that product, service, publication or process by us.

Web site Accuracy.

Although Simmons has tried to provide accurate and timely information on the Site, please be aware that the Site (including without limitation the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to visitors and is provided for informational purposes only. Accordingly, you should verify all information before relying on it. If you need specific details about any information contained in our Site, you should contact us as provided on the Site. Certain portions of this Site may indicate that information is provided by a third party. Simmons does not accept responsibility for other organizations, businesses, and private persons that may provide information on this Site.

Electronic Communications.

In order to use portions of the Site or communicate with Simmons with respect to products or services provided via the Site, Simmons may communicate with you via e-mail or otherwise electronically. YOU AFFIRMATIVELY CONSENT TO RECEIVE COMMUNICATIONS FROM US AND TO TRANSACT BUSINESS WITH US ELECTRONICALLY. THIS CONSENT TO TRANSACT BUSINESS AND RECEIVE COMMUNICATIONS ELECTRONICALLY APPLIES GENERALLY TO ALL YOUR INTERACTION AND BUSINESS DEALINGS WITH SIMMONS VIA THIS SITE; HOWEVER, CERTAIN PORTIONS OF THE SITE FROM WHICH YOU TRANSACT BUSINESS MAY HAVE PARTICULAR TERMS AND CONDITIONS RELATING TO ELECTRONIC TRANSACTIONS AND COMMUNICATIONS THAT APPLY TO THOSE PORTIONS OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED FROM THOSE PORTIONS. YOU MAY HAVE THE RIGHT TO TRANSACT BUSINESS WITH SIMMONS USING PAPER DOCUMENTS RATHER THAN ELECTRONICALLY IF YOU TELL SIMMONS THAT YOU PREFER TO TRANSACT BUSINESS IN THAT WAY; HOWEVER, CERTAIN PRODUCTS OR SERVICES MAY ONLY BE AVAILABLE IF YOU CONSENT TO RECEIVE COMMUNICATIONS OR DO BUSINESS ELECTRONICALLY, AND SIMMONS MAY ELECT TO NOT MAKE THEM AVAILABLE IF YOU WITHDRAW YOUR CONSENT TO RECEIVE COMMUNICATIONS OR DO BUSINESS ELECTRONICALLY. TO CHANGE YOUR CONTACT INFORMATION WITH SIMMONS, UNLESS SPECIFIC PROCEDURES ARE OTHERWISE PROVIDED ON THE PORTIONS OF THIS SITE THAT PERTAIN TO THE APPLICABLE PRODUCT OR SERVICE FOR WHICH YOU ORIGINALLY PROVIDED CONTACT INFORMATION, PLEASE CONTACT webmaster@simmons.com.sg. COPIES OF THESE TERMS OF USE ARE AVAILABLE FOR DOWNLOAD AND PRINTING BY USING CURRENT WEB BROWSER SOFTWARE. COPIES OF EMAIL DOCUMENTS SENT TO YOU MAY BE PRINTED USING CURRENT EMAIL CLIENT SOFTWARE. OTHER PARTICULAR PORTIONS OF THE SITE MAY GIVE YOU OTHER INSTRUCTIONS ON HOW TO OBTAIN A PAPER COPY OF ANY ELECTRONIC DOCUMENTS RELATED TO THOSE PORTIONS OF THE SITE.

Internet Access.

To use the Site, you must at no cost to Simmons: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary for you to make such connection to the World Wide Web, including without limitation a computer and modem or broadband Internet connection.

Site Restrictions.

As a condition of your use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not submit any false, misleading or inaccurate information to the Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Site. By ways of example, and not as a limitation, you will not use the Site to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  • Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortious, indecent, immoral or otherwise objectionable material or information;
  • Transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, cancelbots, spyware, or any other harmful or deleterious programs;
  • Interfere with or disrupt the Site networks or servers;
  • Harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent;
  • Use the account, login identification, or password of another party to access the Site;
  • Otherwise attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
  • Interfere with another individual's or entity’s use or enjoyment of the Site.


Simmons has no obligation to monitor your use of the Site or retain the content of any of your sessions on the Site. However, Simmons reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Links to Other Sites.

Any links on this Web site may let you leave the Simmons' Site and go to other Web sites. The linked sites are not under the control of Simmons, and Simmons is not responsible for the content, the accuracy thereof or any other aspect of any linked site or any link contained in a linked site. Simmons reserves the right to terminate any link or linking program at any time. Simmons does not endorse companies or products to which it links. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMMONS (ON ITS BEHALF AND ON BEHALF OF ALL ITS SUBSIDIARIES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NO MATERIALS OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THE SITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED TO YOU "AS IS."

Limitations on Liability.

YOU AGREE THAT SIMMONS AND ALL OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES (COLLECTIVELY, "SIMMONS PARTIES") SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT ARISE OUT OF OR RELATE TO THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE SIMMONS PARTIES FOR DAMAGES OF ANY TYPE, EXPENSES OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE EXCEED FIVE HUNDRED DOLLARS ($500). THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF WHETHER SIMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF THE APPLICABLE DAMAGES. The limitations in this Section do not apply if and only to the extent that applicable law prevents the application of such limitations.

Indemnification.

You agree to defend, indemnify, and hold Simmons and its officers, directors, employees, contractors, agents and affiliates harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys' fees, arising out or relating to any and all third party claims, demands or allegations arising out of or relating to your use of the Site in violation of these Terms of Use or other restrictions set forth on the Site, any applicable laws, and your violation of any rights of a third party.

Infringement Claims Policy.

Simmons respects the intellectual property of others, and Simmons asks you to do the same. If you believe some Content on the Site has been copied in such as way to constitute copyright infringement, please contact the Simmons representative designated below. Simmons may investigate and take appropriate action.

Miscellaneous.

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SINGAPORE LAWS WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. YOU AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THESE TERMS OF USE SHALL ONLY BE IN A STATE COURT OF COMPETENT JURISDICTION LOCATED IN SINGAPORE. If any provision of these Terms of Use is for any reason held unenforceable or invalid, then these Terms of Use shall be construed as if such provision were not contained in these Terms of Use. No action arising out of these Terms of Use may be brought by you more than two years after the date the cause of action has accrued. A waiver by Simmons of any of the terms, provisions or conditions of these Terms of Use or the acquiescence of Simmons to any act (whether commission or omission) shall not constitute a general waiver of such term, provision or condition of any subsequent act contrary thereto. These Terms of Use represent the entire understanding between you and us with respect to the subject matter of these Terms of Use and supersede all other written or oral agreements with respect to the subject matter of these Terms of Use.

Contact Information

All inquiries regarding these Terms of Use should be directed to: webmaster@simmons.com.sg.

Version 1.0 (last modified 27 November 2006)



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