User Agreement Of Numinagem Website
Introduction
The website www.enuminagem.com shall be hereto referred to as NUMINAGEM.
Welcome to www.enuminagem.com ("Website"), a site owned by Numina Gem Sdn. Bhd. ( Company No. 827034-W).
You must read the and accept all of the terms and conditions in and linked to this User Agreement and the Private Policy of this Website.
The terms and conditions ("Terms and Conditions") stipulated hereof shall apply to your access and use of this Website and the services provided herein by Numinagem and/or on its behalf. By accessing any page of this Website and/or using the services, you agree to be bound by these Terms and Conditions without limitation or qualification.
If you do not accept these Terms and Conditions, please discontinue your access to this Website and/or use of the services immediately. By your continue to use this Website you are deemed to have read and accepted the Terms and Conditions.
1.0 GENERAL
All products and services of this Website are subject to the applicable terms and conditions governing the products and/or services. Please check the applicable terms and conditions of sale associated with the products and/or services you may purchase.
These Terms and Conditions are set to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s) provided herein, the latter would prevail.
The information, material, functions and content provided in the pages of this Website may be changed from time to time with or without notice at NUMINAGEM's absolute discretion. Your continued access or use of the Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
2.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and information in this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided on an "as is" and "as available" basis. References to materials and information contained in the Website shall include such material and information provided by third parties.
NUMINAGEM does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of this Website, reasonable measures will be taken by NUMINAGEM to ensure the accuracy and validity of all information relating to transactions and products and services of Numinagem Website
Further NUMINAGEM does not warrant or represent that access to the whole or part(s) of this Website, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
NUMINAGEM will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages.
3.0 ELECTRONIC COMMUNICATIONS
By you visiting this Website or send e-mails to NUMINAGEM, you are deemed to be communicating with us electronically. NUMINAGEM may respond to you by e-mail or by posting notices on this Website. In this regard you are deemed to have consented to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically fulfil and satisfy any legal requirement of a written communication.They are deemed to be actual notice in writing in law. You shall be deemed to have waived your legal rights to raise an objection to its admissibility as evidence relating to any disputes which may arise in relation to any disputes thereof.
4.0 COPYRIGHT
NUMINAGEM has taken all reasonable care to ensure that all content included on this Website, including but not limited to the text, , logos, button icons, graphics, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, are owned and/or licensed by NUMINAGEM and/or its content suppliers and are protected by copyright, trademarks and other applicable laws. The compilation of all content on this Website is the exclusive property of NUMINAGEM and is protected by copyright laws. All software used on this Website is the property of NUMINAGEM and/or licensed to NUMINAGEM and is protected by copyright and other applicable laws.
5.0 TRADEMARKS
All trademarks, service marks, and logos displayed on this Website are owned and/or licensed by NUMINAGEM and/or their respective third party proprietors as identified on the Website.
Unless the prior written consent of the NUMINAGEM and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the NUMINAGEM and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by NUMINAGEM.
6.0 LICENSE AND WEBSITE ACCESS
NUMINAGEM grants you a limited license to access and make personal use of this Website. Yo are not permitted in any manner whatsoever to download (other than page caching) or modify it, or any portion of it, except with express written consent of NUMINAGEM. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NUMINAGEM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NUMINAGEM and/or its relevant third party proprietor without express written consent.The license hereby granted does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use any metatags or any other "hidden text" utilizing NUMINAGEM's name or trademarks without the express written consent of NUMINAGEM. Any unauthorized use terminates the permission or license granted by NUMINAGEM
7.0 EXCLUSION OF LIABILITY
NUMINAGEM herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from the Website), reliance on the information contained on the Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
8.0 INDEMNITY
You will indemnify and hold NUMINAGEM harmless from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by NUMINAGEM in connection with or arising from the following:-
(i) your use or misuse of this Website and the services provided herein, or (ii) your breach of these Terms and Conditions howsoever occasioned, or (iii) any intellectual property right or proprietary right infringement claim made by a third party against NUMINAGEM in connection with your use of this Website.
9.0 WEBSITE LINKS
This Website may contain links to website(s) controlled or offered by third parties (non-affiliates of NUMINAGEM). NUMINAGEM hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party websites linked to this Website. By creating a link to a third party website, NUMINAGEM does not endorse or recommend any products or services offered or information contained at that website, nor is NUMINAGEM liable for failure of products or services offered, or advertised at those websites. Such third parties may have a privacy policy different from that of NUMINAGEM, and the third party website may provide less security than the Website.
10.0 NO AGENCY
No agency , partnership, joint venture, employee-employer or franchiser-farnchisee relationship is intended or created by this User Agreement.
11.0 YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You are solely responsible for maintaining the confidentiality of your login name and password to any other person. You are responsible for the use of your account, whether or not authorized by you.
You shall immediately notify NUMINAGEM if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.
NUMINAGEM shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.
You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
12.0 DELIVERY, TITLE AND RISK OF LOSS
All items purchased from Numinagem Website are made pursuant to a delivery arrangement stated in the term and condition applicable to the product(s) and services(s).
13.0 PRODUCT AND SERVICE DESCRIPTIONS
NUMINAGEM attempts to provide the product and service descriptions as accurately as possible to you. However, NUMINAGEM does not warrant that product and service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
14.0 RETURN AND REFUND POLICY
If you receive a damaged or defective product, please e-mail NUMINAGEM your order number and complaint describing the product condition within 14 working days of delivery at payment@enuminagem.com or contact NUMINAGEM by phone, to obtain an authorisation for returns. Failing to do so may result in the returns may be refused or disregarded by NUMINAGEM.
If NUMINAGEM authorises a return of the product, NUMINAGEM will e-mail you and instructions for sending the returned product to the respective authorized merchant that have the right to receive the damaged or defective product on behalf of NUMINAGEM. Damaged/defective product must be returned securely packaged and wrapped. NUMINAGEM will not be responsible for the delivery cost of your returned product.
After receiving the product, NUMINAGEM or its authorized agent will examine and test the defective product in accordance to your complaint. If the defect you described is found valid, NUMINAGEM or its authorize agent will deliver you a replacement. However, if NUMINAGEM is not able to provide a replacement of the returned product for any reason, NUMINAGEM will refund you by crediting your respective account as applicable.
15.0 COLLECTION AND USE OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars as contemplated herein, NUMINAGEM will collect, store, compile and utilize information about you and your use of the Website including without limitation, information regarding the sites you visit, that you provide to NUMINAGEM's questionnaires, surveys and registration forms. NUMINAGEM may provide certain information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, marketing organizations and others that NUMINAGEM may select. However NUMINAGEM will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give NUMINAGEM consent to do so or as may be required by law or pursuant to any request or directives by regulatory authorities or governmental bodies or agencies.
16.0 CURRENCY
All transactions on the Website are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.
17.0 SALE OF PRODUCTS
All products and services up for sale is merely an invitation to treat and is not an offer capable of acceptance. All offers by you to purchase any products and/or services on this Website are subject to acceptance by NUMINAGEM.
18.0 LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by NUMINAGEM, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.
NUMINAGEM makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than in Malaysia.
19.0 TERMINATION
NUMINAGEM reserves the right to terminate and/or suspend your access to this Website and/or your use of this Website at any time, for any reason. In particular, and without limitation, the NUMINAGEM may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of NUMINAGEM, of any other user(s), or of any third party (ies).
20.0 WAIVER
The failure of NUMINAGEM to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
21.0 MODIFICATION, AND SEVERABILITY
NUMINAGEM reserves the right to make changes to the Website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.
22.0 PRIVACY
Please review our Privacy Policy, which also governs your usage and visit to this website, to understand our privacy practices.