This website is operated by Bella Notion Sdn Bhd and their respective affiliates and/or related entities (collectively “Bella Notion”, “us”, “we”, “our”), a retailer of A KINDER BEAUTY products (the “Product). Bella Notion provides services to you through its website, like the access to its online shop and the possible view and purchase of its Products (the “Services”) subject to your acceptance of all terms, conditions, policies and notices set forth in this agreement (the “Terms of service”).
Accessing, browsing, purchasing or otherwise using the website indicates your engagement in our “Service” and your agreement to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before proceeding.
These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes in our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., that provides us with the online e-commerce platform that allows us to sell our products to you.
By agreeing to these Terms of Service, you represent that you are at least eighteen (18), and that you give us your consent to allow any of your minor dependents to use this site.
If you are under eighteen (18), you may place an order only with involvement of a parent or guardian.
2. ACCOUNT & PASSWORD
2.1 We may assign you a password and account identification to enable you to access and use certain portions of this website. Each time you use a password or identification, you will be deemed to be authorized to access and use the website in a manner consistent with the Terms of Service, and we have no obligation to investigate the authorization or source of any such access or use of the website.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this website's security.
2.2 You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.
3.1 You shall not upload to, distribute, or otherwise publish through this website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the laws of your jurisdiction; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
3.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.3 This website (and any goods or services purchased on or via the website) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this website. You may not use this website (and any goods or services purchased on or via the website), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction websites, group buying websites, social media websites or otherwise.
3.4 In addition, you are prohibited from using the website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
3.5 A breach or violation of any of the Terms of Service will result in an immediate termination of our Services to you.
4.PRODUCTS AND SERVICES
4.1 Products are available exclusively through the website. They may have limited quantities and are subject to return or exchange only upon our approval on a case-by-case basis.
4.2 We have made every effort to display as accurately as possible the description, colours and images of our Product. The images of the Products on our website are for illustrative purposes only. We cannot guarantee that your computer monitor's display of any colour will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion including after you have submitted your order.
4.3 We reserve the right to limit the sales of our Product or Services to any person, geographic region or jurisdiction, or to discontinue any product at any time. We may exercise this right on a case-by-case basis. The purchase of any Product or Service made on this website is void if we discover that it is destined to a prohibited use.
4.4 All material and information relating to products presented by Bella Notion on the Sites is intended to be used for personal educational or informational purposes only. The statements made about the products have not been evaluated by the Health Sciences Authority of Singapore or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.
4.5 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
4.6 In the event that the product you receive is defective or incorrect, Clause 7 (Returns, Exchanges and Refunds) of these Terms shall apply.
5. MODIFICATIONS OF THE SERVICE AND PRICES
Prices for our Product are subject to change effectively immediately upon posting on the website, without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. TERMS OF SALE
6.1.1 You may place an order with us by completing and submitting the order on the website. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the website; the contract for the sale and purchase of an item between you and Bella Notion (“Contract”) shall thereby be formed. We shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
6.1.2 Once you have made your choice and your order or booking has been placed, you will receive an email acknowledging the details of your order or booking. This email is NOT an acceptance of your order or booking, just a confirmation that we have received it.
6.1.3 We reserve the right to reject your order if we are unable to obtain authorisation for payment, or the item ordered is out of stock, or you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms of Service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
6.1.4 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
6.1.5 Please note that if we do not accept your offer or are unable to proceed with the transaction and funds have already been deducted, they will be fully refunded via the payment method used by you.
6.1.6 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
6.1.7 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.2 Price and Payment
6.2.1 Prices shown on the Sites are in Singapore Dollars (SGD) and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Sites or other form of notification.
6.2.2 The price of products will be as stipulated at all times on our Sites, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If Bella Notion is unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used.
6.2.3 We are under no obligation to fulfill your order if the price listed on the website is incorrect (even after your order has been acknowledged by us).
6.2.4 You can pay using any of our payment options listed on our website. Similarly, you can pay all or part of the price of your order using a promotional voucher.
6.2.5 By clicking on the button validating your order, you are confirming that the credit card used for payment belongs to you or that you are the legitimate holder of the promotional code and have sufficient funds or credit facilities to cover the cost of the Product.
6.3.1 We aim to deliver the Product to you at the place of delivery requested by you in your order and the delivery time indicated by us at the time of your order checkout (as updated in the order confirmation).
6.3.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.3.3 Upon delivery of the Product, you may be required to sign for delivery. You may drop us an email in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
6.3.4 Nevertheless, you may occasionally experience delays in delivery for reasons such as a high volume of orders being received by Bella Notion during sale periods, holidays or the occurrence of unforeseen circumstances.
6.3.5 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
6.3.6 We deliver in our standard packaging.
6.3.7 For the purpose of these Terms, a “delivery” shall be understood to have taken place or the order deemed “delivered” as soon as you or a third party indicated by you acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at your chosen delivery address or the collection of the order from the designated SingPost POPStation or post office.
6.3.8 Risk of damage to or loss of the products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products, at the time when Bella Notion has tendered delivery of the products.
6.3.9 If we attempt to deliver your order, but you are not present to receive it, we will re-deliver on the next available date. However, please note that you will be charged a re-delivery fee of S$10 if your delivery fails 2 or more times.
6.3.10 For “self-collection”, your order will be cancelled and refunded if it is not collected within 2 weeks. Please e-mail us at email@example.com if you need a longer collection period.
7. RETURNS, EXCHANGES AND REFUNDS
7.1 All returns must be done in accordance with the instructions set out in our FAQ.
7.2 For defective and incorrect items, there is no time cap as to when the defective or incorrect items must be returned however the return is subject to the conditions listed in our FAQ.
7.3 If you have made an incorrect purchase or have changed your mind after receiving the items, received an item as a gift or purchased an item online that you wish to exchange, the item must be returned subject to the conditions listed in our FAQ.
7.4 For products that meet our stated return conditions, you can choose for the product to be exchanged or a refund via original credit card.
8. OPTIONAL TOOLS
We may provide you with access to common third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion, so you should ensure that you are familiar with them and aware of the terms upon which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. THE KINDER CIRCLE TERMS AND CONDITIONS (MALAYSIA)9.1 Membership and Eligibility
The Kinder Circle ("TKC") is a rewards program offered in www.akinderbeauty.com.my by Bella Notion to customers resident in Malaysia. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Bella Notion and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of Singapore to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions ("Terms"). Affiliates of Bella Notion may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other affiliate.9.2 Earning and Redeeming Program Rewards
Under the Program, you earn one (1) Treat (“Treats”) at the rate specified on the Program website when you purchase merchandise (excluding the purchase of e-gift cards, gift cards and shipping costs) in www.akinderbeauty.com.my. You must provide a form of identification at the point of purchase to have any points credited to your Kinder Circle. The form of identification may consist of your registered e-mail address, phone number, membership number, or full name. Treats may be redeemed for rewards ("Rewards") subject to these Terms and further details set out on the “Program Website”. Details of the treats available and how to redeem these Rewards are on the Program Website, including any limits or conditions on redeeming Reward.
Subject to the termination provision of these Terms, Treats expire should there be inactivity (no purchase made, or Rewards redeemed) within 6 months. Treats may be redeemed for Rewards to be determined by Bella Notion in its sole discretion; provided, however, that in order to redeem your Treats for any Reward, you must accumulate a minimum number of treats as established by Bella Notion. Treats have no cash value and can only be redeemed for Rewards. Bella Notion may, in its discretion, allow treats to be redeemable for other items of merchandise from time to time. However, treat is never redeemable for cash.
Rewards are available with treats redemption while supplies last and substitutions by Bella Notion may occur.9.3 Other Offers
If for any reason this Program is not capable of running as planned (including in the event of fraud or attempted fraud), Bella Notion reserves the right in its absolute discretion to modify the terms of the Program including the Rewards and these Terms, or to suspend or terminate the Program. In the event of such modification, suspension or termination, Bella Notion will notify the members of the Program via email, as well as by communicating this on our website. Members will not receive any compensation from Bella Notion in the event of modification or suspension of the Program.
Any abuse of the Program, failure to follow any terms of the Program, Membership treat expired and deleted, any misrepresentation or any conduct detrimental to the interests of Bella Notion, or fraud or attempted fraud, may subject members to Membership revocation and will affect eligibility for further participation in the Program.
Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled (whether by you or Bella Notion in accordance with these Terms), or if the Program is terminated, any Treats in your account will automatically expire. Bella Notion will notify you via email prior to making changes to these Terms.
It is your responsibility to check or review these Terms from time to time to keep informed of any changes. In the event that the Terms of the Program change, you may choose to cancel your Membership through your Membership profile or by sending an email to firstname.lastname@example.org Limitation of Liability
To the maximum extent permitted by law, Bella Notion will not be liable for any damages of any kind arising out of or in connection with your participation or Membership in the Program, including damages arising out of changes to or termination of the Program or as a result of you redeeming and/or using a Reward. This applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
To the maximum extent permitted by law, the limitations on Bella Notion's liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from Bella Notion and that this is a reasonable allocation of risk. Certain legislation, including the Sale of Goods Act and Consumer Protection (Fair Trading) Act and Unfair Contract Terms Act may impose consumer guarantees or imply warranties or conditions or impose obligations upon Bella Notion which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.9.7 Intellectual Property
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to Bella Notion or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display, or performance - without the prior written permission of Bella Notion is strictly prohibited.9.8 Applicable Law
The Program and these Terms are governed by the laws of Singapore without giving effect to any principles of conflicts of laws. You hereby consent (or, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in Singapore in all disputes arising out of or relating to these Terms or the Program.9.9 Additional Information on the Program
If you have any questions regarding the Program, you may email email@example.com
10. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. USER CONTENTS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 A KINDER BEAUTY Hashtags: @akinderbeauty, #akinderbeauty, #akb, @akinderbeautysg, #akinderbeautysg, @akinderbeautymy, #akinderbeautymy or other hashtags used by Bella Notion to collect content from time to time (“A KINDER BEAUTY Related Hashtag(s)”). Bella Notion may seek your permission to use photos, videos and other digital materials posted on Instagram, content and/or personal data (“User Generated Content” or “UGC”) on any of our website(s), mobile applications(s), and or social media pages and other digital properties operated by Bella Notion.
11.2 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
11.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
11.4 You also represent and warrant that any Content you submit:
- is not false, inaccurate or misleading;
- does not harm minors;
- does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libellous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- is not submitted for compensation or other consideration from any third party;
does not include any information that references other websites, addresses, e-mail addresses, contact information or phone numbers;
- will not expose Bella Notion to any civil or criminal proceedings in any part of the world;
- may be used by Bella Notion for the purposes and in the manner set out in Clause 11.5 and will not require further licenses from, or infringe any intellectual property or other rights of, any third party;
- is not unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
- does not contain any computer viruses, worms or other potentially damaging computer programs or files.
11.5 Bella Notion does not endorse any Content or any opinion, recommendation or advice expressed therein, and Bella Notion disclaims all liability with respect to the Content. Content including reviews featured on the Sites are from Bella Notion’s global client database.
11.6 If your Content includes ideas, suggestions, documents or proposals to Bella Notion through the different social platform:
- such Content is not confidential or proprietary and Bella Notion has no obligation of confidentiality, express or implied, with respect thereto;
- Bella Notion may have something similar to that Content already under consideration or development; and
- you are not entitled to compensation, payment or reimbursement of any kind for such Content from Bella Notion under any circumstances unless you are otherwise notified by Bella Notion in writing.
11.7 For any Content that you submit, you grant Bella Notion and its affiliates and related entities a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms and your use of the Sites.
11.8 All Content that you submit is not confidential and may be used at Bella Notion’s discretion. Bella Notion may or may not pre-screen Content. However, Bella Notion and its designees will have the right (but not the obligation) in their discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Bella Notion and its designees will have the right to remove any Content that Bella Notion deems, in its discretion, to violate the Guidelines, or any other provision of these Terms or is otherwise objectionable.
11.9 Ratings, written comments, questions and answers are generally posted within 2 to 4 business days. However, Bella Notion reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Bella Notion, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Bella Notion, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
11.10 You agree that Bella Notion may in its sole discretion and without notice remove, withdraw or discard any Content for any reason, including without limitation where Bella Notion has determined that any Content has violated or is inconsistent with the Terms.
12. USE OF YOUR CONTENT
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
13. PERSONAL INFORMATION
14. AGREEMENT TO RECEIVE NOTIFICATIONS & OTHER COMMUNICATIONS
We reserve the right to send electronic mail or other messages to you and to other users. The purpose of these communications may include, but is not limited to:
- providing you with information concerning your user account;
- providing information to you regarding Products or Services offered by our affiliates or partners;
- informing you about any of our related Products or Services; or
- providing you with information about any item that we think, in our sole discretion, may be of interest to you.
15. PROMOTIONAL CODES
We reserve the right to withdraw or cancel promotional codes for any reason at any time. Promotional codes are and remain at all times, the property of Bella Notion.
16. ERRORS, INACCURACIES AND OMISSIONS
16.1 Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
17.1 We are not responsible if information not linked to our Product and made available on this website is not accurate, complete or current. Such material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
17.2 This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes on our website.
18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Bella Notion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
19. GUARANTEE AND COMPLAINTS MANAGEMENT
19.1 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in these Terms of Service. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
19.2 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the order or at least the order number that we assign you in the order confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries.
You agree to indemnify, defend and hold harmless Bella Notion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure to perform, if such delay or failure result from events, circumstances or causes beyond our reasonable control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
25. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
26. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of Singapore.
Both we and you hereby submit to the non-exclusive jurisdiction of the Courts of Singapore. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
27. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
28. CONTACT INFORMATION
Please contact us with any questions you have about the Terms of Service at firstname.lastname@example.org