1. General Use
1.1 You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of 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 sending you notices or their publication on the Platform.
1.2 You agree and undertake NOT to:
- misrepresent any person or entity or to falsely state your affiliation with any person or entity;
- use the Platform for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform;
- interfere with another’s utilization and enjoyment of the Platform;
- 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.
1.3 We may, from time to time and without giving prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any of the 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.
1.4 We reserve the right, but shall not be obliged to:
- (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through its other services;
- (b) prevent or restrict access of any client-customer to the Platform;
- (c) 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
- (d) to request any information and data from you in connection with your use of and/or access of the Platform and its other services 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. Use of Services
2.2 Restrictions: Use of the Services is limited to bonafide client-customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Client-customers who have breached or are in breach of the terms and conditions contained herein and customer-clients who have been permanently or temporarily suspended from use of any of the Services may not use the Services.
2.3 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 at all times.
3.5 Prices of Products: All listing prices are subject to applicable 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. For avoidance of doubt, Services include, but not limited to payment gateways, logistics and delivery of products, e-wallet, access to and use of the Platform.
3. Intellectual Property
3.1 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.
3.2 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. 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.
4. Our Limitation of Liability and Responsibility
4.1 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 or materials. Without prejudice to the generality of the foregoing, we do not warrant:
- (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or materials;
- (b) that the Platform 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;
- (c) that the Platform or the materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
- (d) 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 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, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
4.2 Exclusion of liability: Unless the fault or negligence is attributable to Opulence Design Concept, the indemnities of the latter 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:
- (a) any access, use and/or inability to use the Platform or the Services;
- (b) 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;
- (c) 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
- (d) 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.
4.3 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 therefore.
5. Your Submissions and Information
5.1 Submissions by you: You grant us a non-exclusive license to use information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions.
5.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including personal data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you.
5.3 From time to time, we may be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.
7.1 Notices from us: All notices or other communications given to you if:
- (a) notices posted on the Platform and will be effective after the specified period therein.
- (b) 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; or
- (c) 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.
7.2 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.