Terms & Conditions1. ACCEPTANCE OF TERMS
3. SITE ACCESS
3.1 You are responsible for all access to the Site using your internet connection, even if the access is by another person.
3.2 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.
4 ACCESS TO SITE OUTSIDE OF SINGAPORE
4.1 We make no promise that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
5 YOUR USE OF THE SITE
5.1.1 Use the Site for any fraudulent or unlawful purpose;
5.1.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
5.1.3 Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
5.1.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
5.1.5 Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
5.1.6 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
5.1.7 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
5.1.8 Frame or mirror any part of the Site without our express prior written consent;
5.1.9 Create a database by systematically downloading and storing Site content;
5.1.10 Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
5.1.11 We reserve the right to revoke these exceptions either generally or in specific instances.
6.2 You shall only have one (1) account with the Service (which, for clarity, means that you will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts.
7 FEES; PAYMENT; RETURN POLICY
7.1 Certain products offered by (or on behalf of) The Mindful Company through the Site will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in Singapore dollars unless stated otherwise by The Mindful Company on the Site. Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. The Mindful Company reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.
7.2 For orders to be shipped outside of Singapore, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly, and payment of these is necessary to release your order from customs on arrival. We are unable to advise the amount this may be.
7.3 Purchases are subject to The Mindful Company’s Customer Care policy.
8.1 All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
8.2 The Mindful Company offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. You may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
8.3 If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
8.4 The Mindful Company will store a record of your transactions for a minimum of one year.
9 ACCEPTANCE OF YOUR ORDER
9.1 Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
9.2 Unless you cancel your order, acceptance of your order and completion of the contract between you and The Mindful Company will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Singapore and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of The Mindful Company.
9.4 We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
10 GIFT CARDS
10.1. The Mindful Company gift cards (“Gift Card”) are sold subject to the following terms and conditions:
a) Gift Cards do not expire.
b) Gift Cards can be redeemed against all Products on the Site.
c) Gift Cards are non-transferable and may not be returned or redeemed for cash.
d) If your order total is less than the value of the Gift Card, the remaining balance can be redeemed against subsequent orders.
e) Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
f) The Mindful Company is not liable for delivery of a Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
g) The Mindful Company is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
h) The Mindful Company reserves the right to cancel a Gift Card if we deem such action necessary.
i) Promotion codes cannot be applied to the purchase of Gift Cards.
j) Sales tax and shipping is applicable on any products purchased with a Gift Card.
11 PROMOTION CODES
11.1 Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
12.1 Your personal The Mindful Company account information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
12.2 The Mindful Company endeavors to protect user information to ensure that user account information is kept private, however, The Mindful Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
13 THIRD PARTY WEBSITES
13.1 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
13.2 You may create a link to this Site, provided that:
13.2.1 The link is fair and legal and is not presented in a way that is:
188.8.131.52 Misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
184.108.40.206 Harmful to our reputation or the reputation of any of our affiliates
13.2.2 You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
13.3 We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
14 INTELLECTUAL PROPERTY
14.1 You agree that all content and materials delivered via the Service or otherwise made available by The Mindful Company at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by The Mindful Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from The Mindful Company is prohibited.
14.4 “The Mindful Company” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by The Mindful Company Pte. Ltd. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
15 LIMITATION OF LIABILITY
15.1 We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
16.1 You agree to defend, indemnify and hold harmless The Mindful Company, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees, that arise from your use or misuse of the Service.
17 INTERNATIONAL USE
17.1 The Mindful Company makes no representation that the content is appropriate or available for use in locations outside the Republic of Singapore, and accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
18 COLLECTION OF PERSONAL INFORMATION
19 DURATION OF TERMS
20 INTEGRATION AND SEVERABILITY
22 GOVERNING LAW
You may contact The Mindful Company at: firstname.lastname@example.org.