Access to and use of password protected and/or secure areas of the Platform and/or use of the Services is restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this platform and/or services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
1. Definitions & Interpretation
2. General use of Services and/or access of Platform
2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
- Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
- Use the Platform or Services for illegal purposes.
- Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services
- Post, promote or transmit through the Platform or Services any Prohibited Materials
- Interfere with another’s utilization and enjoyment of the Platform or Services
- Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services
- Use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws
2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
- Monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate
- Prevent or restrict access of any Customer to the Platform and/or the Services
- Report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
- To request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6 Terms & Conditions of Sale and Voucher Terms & Conditions: Purchases of any Product would be subject to the Terms & Conditions of Sale as set out at http://www.muveacoustics.com/terms-of-use/#tos. If you use a Voucher, the Voucher Terms & Conditions as set out at http://www.muveacoustics.com/voucher-terms-of-use/ would apply.
3. Use of Services
3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
- To access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith
- To ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than yourwebsite (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by yourwebsite or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
4. Customers with www.muveacoustics.com accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
- Access to the relevant Platform and/or use of the Services by you; or
- Information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:>
- The accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials
- That the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected
- That the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros
- The security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, and delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: www.muveacoustics.com Indemnities shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- Any access, use and/or inability to use the Platform or the Services
- Reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents
- Any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
- Any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
7. Hyperlinks, alerts and advertising
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions and if we choose to undertake any of the aforesaid or otherwise use in any manner, your Submissions, no assurance is hereby made by such use to treat any of the Submissions as confidential and proprietary.
8.2 Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
10.1 Notices from us: All notices or other communications given to you if:
- Communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast
- Sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.8 Correction of errors: 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.
11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by www.muveacoustics.com (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. www.muveacoustics.com reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.3 Sellers: Products are sold by “Sellers”. www.muveacoustics.com may be a “Seller” for selected Products. “Seller” may also refer to a party other than www.muveacoustics.com (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by www.muveacoustics.com or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
- 2.3.1 For Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you
- 2.3.2 For Products sold by www.muveacoustics.com, shall be agreements entered into directly and only between www.muveacoustics.com and you.
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event www.muveacoustics.com shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
2.8 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either www.muveacoustics.com or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
- 2.10.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller
- 2.10.2 Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller's opinion in that behalf. Neither www.muveacoustics.com nor Seller gives any warranty as to the quality, state, condition or fitness of the Products
- 2.10.3 www.muveacoustics.com shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of www.muveacoustics.com, addition and insertion of parts, in particular of spare parts which do not come from www.muveacoustics.com
- 2.10.4 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow www.muveacoustics.com instructions (whether oral or in writing) misuse or alteration or repair of the Products without www.muveacoustics.com approval
- 2.10.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without www.muveacoustics.com prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims
- 2.10.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
- 2.10.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.11 Intellectual Property:
- 2.11.1 Unless the prior written consent of www.muveacoustics.com has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
- 2.11.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
- 2.11.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of www.muveacoustics.com has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon www.muveacoustics.com‘s request.
3. Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by www.muveacoustics.com (or its agents) on behalf of Seller.
3.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform www.muveacoustics.com within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If www.muveacoustics.com does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
3.6 Voucher from www.muveacoustics.com: If there is a delay in delivery of the Products, www.muveacoustics.com may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against Seller.
3.7 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the Product using any of the payment methods prescribed by www.muveacoustics.com from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to www.muveacoustics.com, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that www.muveacoustics.com is entitled to collect payments from you on behalf of Third Party Vendors.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by www.muveacoustics.com from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include www.muveacoustics.com), for any failure, disruption or error in connection with your chosen payment method. www.muveacoustics.com reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions as set out at http://www.muveacoustics.com/voucher-terms-of-use/ would apply.
5.5 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.6 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full
5.7 Refund of Payment:
- All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
- We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
- All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by customer.
- All refunds are conditional upon our acceptance of a valid return of the Product.
- We reserve the right to modify the mechanism of processing refunds at any time without notice.
6. Questions and complaints
7. Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when www.muveacoustics.com has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until www.muveacoustics.com has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by www.muveacoustics.com to the Buyer for which payment is then due.
7.3 The Buyer agrees with www.muveacoustics.com that the Buyer shall immediately notify www.muveacoustics of any matter from time to time affecting www.muveacoustics.com’s title to the Goods and the Buyer shall provide www.muveacoustics.com with any information relating to the Goods as www.muveacoustics.com may require from time to time.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) www.muveacoustics.com shall be entitled at any time to demand the Buyer to deliver up the Goods to www.muveacoustics.com and in the event of non-compliance www.muveacoustics.com reserves it’s right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of www.muveacoustics.com but if the Buyer does so all moneys owing by the Buyer to www.muveacoustics.com shall (without prejudice to any other right or remedy of www.muveacoustics.com) forthwith become due and payable.
7.6 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.7 The Buyer shall indemnify www.muveacoustics.com against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of www.muveacoustics.com’s rights under this condition.
8. LIMITATION OF LIABILITY
8.1 SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN CLAUSE 6 ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE PRODUCTS.
8.2 MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, SELLER’S MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SALE OF PRODUCTS UNDER EACH CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO SELLER UNDER SUCH CUSTOMER CONTRACT.
8.3 EXCLUSION OF LIABILITY: WWW.MUVEACOUSTICS.COM INDEMNITEES SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH SELLER’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).
9.1 References to “www.muveacoustics.com”: References to “www.muveacoustics.com” in these Terms and Conditions of Sale apply both to www.muveacoustics.com‘s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
9.2 Right to subcontract: Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to www.muveacoustics.com or any of www.muveacoustics.com’s designated service providers, subcontractors and/or agents.
9.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
9.4 No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
9.5 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
9.6 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
9.7 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the Mumbai courts.
9.8 Except as provided for in Clause 9.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
9.9 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.10 Amendments: Seller may by notice issued jointly with www.muveacoustics.com through the Platform or by such other method of notification as Seller may designate solely through www.muveacoustics.com (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of www.muveacoustics.com (either via the Portal or such other means as www.muveacoustics.com prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
9.11 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
9.12 Currency: Money references under these Terms & Conditions of Sale shall be in Inidian Rupees
9.13 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
9.14 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
9.15 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.16 Subcontracting and delegation: www.muveacoustics.com reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as www.muveacoustics.com deems appropriate.
9.17 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
9.18 Force Majeure: Neither www.muveacoustics.com nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond www.muveacoustics.com‘s or Seller’s reasonable control.
Definitions and Interpretation
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “www.muveacoustics.com Indemnities” means www.muveacoustics.com and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “www.muveacoustics.com”, “we”, “our” and “us” refer to www.muveacoustics.com Singapore Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 201403859E and having its registered address at 8 Shenton Way #41-01 AXA Tower, Singapore 068811
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a Customer who has an account with www.muveacoustics.com may use in conjunction with the Username to access the relevant Platform and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by www.muveacoustics.com which is presently located at the following URL: www.muveacoustics.com; and (b) the mobile applications made available from time to time by www.muveacoustics.com, including the iOS and Android versions.
1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
- Contains any computer virus or other invasive or damaging code, program or macro;
- Infringes any third-party Intellectual Property or any other proprietary rights;
- is defamatory, libelous or threatening;
- Is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class License) Notification 1996); and/or
- is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available by us at the Platform.
1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out at http://www.muveacoustics.com/terms-of-use/#tos.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.20 “Username” refers to the unique login identification name or code, which identifies a Customer who has an account with www.muveacoustics.com.
1.21 “Voucher” means a voucher for credit, which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.22 “Voucher Terms & Conditions” are set out at http://www.muveacoustics.com/voucher-terms-of-use/.
1.23 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1. Our Pledge
1.1 We respect and are committed to protecting your privacy and will only process your personal information in accordance with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong under the laws of Hong Kong.
1.2 We are committed to protect your information given to us with care. We do not sell, rent, or loan any information that identifies you to any third party without your consent.
1.3 The personal information you give to us may be shared within our group of companies, our banks, our agents, couriers and other third parties who need your information to enable your order to be delivered or for providing/improving our services for you.
1.5 We would like to share your information with any new businesses that we may develop in the future, either on our own or with others. Our Website will be updated from time to time should we develop joint ventures or companies going forward.
2. Collection of Information about You
When you visit Our Website and/or use Our Services, we collect personal information about you in a number of ways.
2.1 Orders and registration information. We collect information from you when you conduct business with us or enroll in one of our services.
2.2 Transaction and experience information. Once you become our client, we collect and maintain personal information about your account activity, including your transactions, balances, and history. Personal information such as your name, contact details including address, telephone number, email address and information for verification of identity (e.g. copy of Hong Kong Identity Card, passport) as provided by you when you register, sign up for an event or place an order with us and enter your payment details and for the transactions conducted. This information allows us to administer your account and provide the services you have requested.
2.3 Our website usage. Information such as your computer’s IP address, operating system and anonymous information collected from cookies when you are browsing our Website to help us understand how to improve our Websites and services to you.
2.4 Third-party information providers. We may collect information about you from information services and consumer reporting agencies to verify your identity, or creditworthiness, or to better understand your commercial needs.
2.5 Supply of Personal Data to us is non-obligatory, but failure to do so may result in us being unable to process your order(s) or to provide services to you.
3. Purpose of Collection and Use of the information
3.1 You agree that all the information provided by you to us may be used and retained by us for the following purposes and for other purposes as may be agreed between you and us or required by law from time to time:-
- conducting business with you;
- providing our services to you;
- analyzing, verifying and/or checking of your credit, payment, or status in relation to the provision of our services to you;
- processing of any payment instructions, direct debit facilities or credit facilities requested by you;
- enabling the daily operation of your account or the collection of amounts outstanding in your account in relation to our services to you;
- carrying out data sorting and analysis to enable us to better understand your characteristics and buying behaviour and to provide other services better tailored to your needs, and to assist us in selecting goods and services that are likely to be of interest to you;
- providing you with regular communications from us with details of our services and the benefits;
- the normal management, operation, and maintenance of the performance of our services;
- designing new, or improving existing services provided by us, our subsidiaries, or our affiliates to you;
- investigation of complaints, suspects suspicious transactions, and research for service improvement;
- prevention, detection, or investigation of crime;
- disclosure as required by law;
- aggregated behavioural analysis;
- facilitating communication with you.
3.2 We will not use your personal data for direct marketing unless we have obtained your consent.
3.3 Information we collect will be used to process your orders, to provide services, allocate discount, offers, vouchers and so forth to you.
3.4 We may use your personal information for market research and statistical analysis, to enable us to send you information about products and services that may interest you, potentially send you vouchers or other offers and to help us to develop Our Website and services to make your browsing easier in the future, including the personalising of Our Website. The information we communicate to you may be sent by email, our internal message system, post, fax or via telephone unless you have refused us doing so.
3.5 We may send you marketing information by email, our internal message system, post, fax or phone, or use information about your browsing preferences to give you vouchers or other offers.
3.6 You have the right to:-
- Check whether we hold any of your personal data;
- Access your personal data held by us;
- Require us to correct any personal data which is inaccurate;
- Ascertain our policies and practices from time to time in relation to personal data and the types of personal data held by us; and
- Opt out from receiving marketing materials (including direct marketing) from us at any time.
In accordance with the Personal Data (Privacy) Ordinance (Cap. 486), we have the right to charge you a reasonable fee for the processing of any personal data access request.
3.7 If you wish to amend your marketing preferences with us or amend your decision regarding receipt of information from us, you can do so by emailing our Customer Service Officer at email@example.com or by amending your preference within Our Website. Remember if you take this step, we may not be able to send you information about special offers, promotions, vouchers or newsletter.
3.8 We will, of course, continue to let you have information on the operation of your account including confirmation and delivery details.
3.9 We may use your mobile phone number or email address to send you a confirmation or reminder of your confirmed order.
4.1 By using Our Website, you agree that we can store and access cookies, Internet Protocol (IP) addresses and use other methods in order to collect website usage data and improve your on-line experience.
4.2 Cookie allows us to recognize our Website users. We send a “session cookie” to your computer if and when you log in to your account by entering your e-mail address and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you do not need to re-enter your password multiple times.
4.3 You may, at any time, prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If you deactivate the setting of cookies in the Internet browser used, not all functions of our Website may be entirely usable.
5.1 We are committed to protect your personal information we hold with care. Payment details are stored on system in an encrypted format and can only be accessed by us.
5.2 If we contact you, we will never ask for your password. We advise you never to enter your password into an email or after following a link from an email. Contact us if you are in doubt.
5.3 In order to provide a safe, secure browsing environment for all our clients, access to Our Website from certain IP location may be blocked.
5.4 However, please note that “perfect security” does not exist. Accordingly, We do not represent or warrant that there will not be, and hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, use or disclosure of any information held or maintained by us.
6. Data Retention
6.1 All Personal Data that has been collected from you will only be stored for a duration that is relevant to the purpose for which it was processed and for as long as required by applicable law.
6.2 Personal Data about you may be transferred to a place outside Hong Kong.
6.3 Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. Pseudonymisation of Personal Data about you may be conducted by us.
7. Policy changes
7.1 Please note that this Policy may be amended from time to time without prior notice. You are advised to check this Policy (together with our Standard Terms and Conditions) on a regular basis.
7.2 If, you continue to use Our Website and/or Our services after the date on which the changes to this Policy come into effect, You will be deemed to have accepted those changes.
8. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Your Obligation to provide the personal data; possible consequences of failure to provide such data
8.1 We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that you provide us with your personal data, which must subsequently be processed by us. You are, for example, obliged to provide us with your personal data when we enter into a contract with you. The non-provision of your personal data would have the consequence that your contract could not be concluded. Before personal data is provided by you, you may contact us to clarifies whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
9. Prevailing Language
9.1 This Policy is written in English language and may be translated into other languages. In the event of any discrepancy in the translation of this Policy, the English version shall prevail.
10.1 Should you have any enquiry concerning this Policy, please contact our Customer Service Officer via firstname.lastname@example.org. Our officer acts as a Controller for the purposes of the General Data Protection Regulation (GDPR)