a. “Account” shall mean an account that you have to open and register with us on the Site by setting up a Login and password and by providing certain personal information which shall include (but shall not be limited to) your legal name, NRIC no., address, telephone and e-mail address.
b. “Force Majeure” shall mean means any unforeseeable event or cause beyond the reasonable control of Nirvana, which prevents or delays the performance or observance of Nirvana’s obligations under the Site, including but not limited to fire, explosion, casualty, accident, storm, flood, drought, weather conditions, earthquake, act of God or other natural disaster, insurrection, strike, hostilities, riot, civil commotion, labour disputes, shortage of labour, shortage or unavailability of Products or raw materials, mechanical breakdown, delay in transit, failure or problems with public utility supplies including electrical, telecommunication or internet failure or other causes whatsoever (whether similar to the foregoing or not), enemy action, revolution, war, blockage, embargo, lockout, government order, epidemic, pandemic, viral or any law, order, proclamation, regulation, demand or requirement of any government or of any of its government agencies.
c. “Login” shall mean your access name/user identification registered with the Site.
d. “You” or “your” shall mean you or any person or entity who views, uses, accesses, browses the Site or and/or registers or opens the Account with us.
e. “Nirvana” or “we” or “us” shall mean Nirvana Asia Ltd. (Company No. 245788) and any of its group of companies.
f. “Product” or “Products” shall mean any and all the products offered for on line sale by Nirvana through the Site.
g. “Service” or “Services” shall mean any and all the services offered for on line sale by Nirvana through the Site.
C. ADDITIONAL TERMS & CONDITIONS AND VARIATION
D. ACCOUNTS AND SECURITY
1. You hereby agree and acknowledge that certain features or services offered on or through the Site may require you to open an Account. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), Nirvana has the absolute right to reject or refuse your registration or opening of Account or your request or purchase of any Products and/or Services under the Site and need not give any reason whatsoever.
2. You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your Login and password, and for any and all activities that occurs under your Account. You shall notify Nirvana immediately of any unauthorized use of your Account, Login or password, or any other breach of security. You shall ensure that your Account information is kept secure and confidential and is accurate and up-to-date. You are fully responsible for all activities that occur under your Login and Account. You may be held liable for losses or damages incurred by Nirvana or any other user of or visitor to the Site due to the misuse or unauthorized use of your Login, password and/or Account by others. Nirvana will not be liable for any loss or damage arising from unauthorised use of your Account, Login or password or your failure to comply with this Section.
3. You agree that Nirvana may for any reason, in its sole discretion and with or without notice or liability to you or any third party, terminate your Account and your Login, block your future access to the Site and/or Account and/or remove or discard from the Site any content associated with your Account and Login, withdraw or cancel any transactions associated with your Account and Login, temporarily withhold any refunds, and/or take any other actions that Nirvana deems necessary.
E. FORCE MAJEURE
1. Nirvana shall not be liable for any delay or failure in the performance by Nirvana of its obligations under the Site caused by or resulting from Force Majeure. 3
1. The Site may contain links to other sites and pages which are not maintained or controlled by Nirvana and for which we are responsible (“Linked Sites”). When you activate any of these Linked Sites you leave the Site and access to such Linked Sites is at your own risk for which Nirvana disclaims all responsibility and liability. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
H. LIMITATION OF LIABILITY
1. To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products and/or Services supplied, are expressly excluded.
2. No agent or representative of Nirvana is authorized to make any warranties, representations or statements regarding the Products and/or Services and Nirvana shall not in any way be bound by any such unauthorized warranties, representations or statements.
I. CONTENT AND INTELLECTUAL PROPERTY
1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Nirvana, and is subject to the intellectual property rights and laws.
2. No person may copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, encode, modify, alter or display in public or distribute in any way any part of the Site and/or the Content for any purpose without Nirvana’s prior written permission.
4. All right, title and interest in all intellectual property (including but not limited to the trade marks, logos and service marks of Nirvana) in all forms and related materials displayed on the Site shall at all times remain the property of Nirvana and no person shall be allowed to use the same without the written permission of Nirvana. No right or license is given to any party accessing the Site to use or reproduce in any manner any such marks or logos.
1. By accessing and using the Site, as well as submitting any requests to Nirvana for online processing, you acknowledge and accept that such access and submission is at your own risk. Nirvana shall not be liable for any direct, indirect, incidental, consequential or punitive 4 damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Site/submit any online requests to Nirvana. Without limiting the foregoing:
THE SITE, DOCUMENTS AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. NIRVANA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS THEREOF. NIRVANA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO SITE/CONTENTS, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CONTENTS, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
1. You agree to indemnify and hold harmless Nirvana, and its officers, directors, shareholders, employees, agents, subsidiaries and affiliates from and against any and all claims, actions, demands, proceedings, loss, liability, penalties, fines, costs and/or expenses (including solicitors’ fees) incurred, suffered or made against Nirvana due to or arising out of or in connection with: (a) your use or misuse of the Site; (b) any transaction made on the Site by your Login or under your Account; (c) your violation or breach of any term of these Terms of Service or Other Terms of Conditions or any policy or guidelines referred herein or (d) any Content uploaded by you.