This version
in force since November 01, 2005
Please read
this agreement carefully. It governs your use of the Ranisa
Web Site (www.ranisa.com.au)
and the services and goods provided through the Web Site (collectively the
"Web Site"). It exempts Ranisa and other
persons from liability or limits their liability and contains other important
provisions that you should read. Each time you use the Web Site, you
acknowledge and signify that you have read, understood, and agreed to be bound
by this agreement. If you do not agree with each provision of this agreement
each time you use the Web Site, you may not use the Web Site. Each time you use
the Web Site, the text of this agreement as it then reads will govern your use.
Accordingly, when you use the Web Site you should check the date of this
agreement and review any changes since the last version.
1. Your
acceptance of this agreement
This is an agreement between you and Ranisa, and
governs your use of the Web Site and its content and the services and goods
provided through the Web Site. Each time you use the Web Site you signify your
acceptance and agreement, and the acceptance and agreement of any person you
purport to represent (and for purposes of this Agreement, "person"
includes any type of incorporated or unincorporated entity), without limitation
or qualification, to be bound by this Agreement, and you represent and warrant
that you have the legal authority to agree to and accept this Agreement on
behalf of yourself and any person you purport to represent. If you do not agree
with each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement, or you do not have the legal authority to agree to
and accept this Agreement, you may not use the Web Site.
2. Changes to this agreement
You may not change, supplement, or amend this
Agreement in any manner. Ranisa may, in its sole discretion,
change, supplement or amend this Agreement as it
relates to your future use of the Web Site from time to time, for any reason,
and without any notice or liability to you or any other person, by posting a
revised Agreement on the Web Site.
3. Permitted users and access
The Web Site may be used only by persons who have reached the age of
majority or legal age in their jurisdictions and who can form legally binding
contracts under applicable law. The Web Site may not be used by persons in
jurisdictions, where access to or use of the Web Site or any part of it may be
illegal or prohibited. It is solely your responsibility to determine whether
your use of the Web Site is lawful, and you must comply with all applicable
laws.
4. Misprints and errors, product availability, prices, and orders
Ranisa endeavors to provide current and accurate
information on the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, Ranisa reserves the right to change the
prices, fees and charges regarding the goods and services available through the
Web Site at any time and from time to time without any notice or liability to
you or any other person. Also, Ranisa cannot
guarantee that goods or services advertised on the Web Site will be available
when ordered or thereafter. Ranisa also reserves the
right at any time to reject, correct, cancel or terminate any order for any
reason whatsoever. If you order goods or services for which the price was
incorrectly displayed, Ranisa will provide you with
an opportunity to place an order at the correct price. If you order goods or
services that are not available, Ranisa will notify
you by email. Ranisa reserves the right to limit
quantities licensed or sold.
The
advertisements on the Web Site are invitations for purchase orders, and are not
offers to sell. Your properly completed and delivered
order form constitutes your offer to purchase the goods or services referenced
in your order. Your order shall be deemed to be accepted only if and when Ranisa sends an order acceptance email to your email
address. The order acceptance constitutes Ranisa's acceptance of your order.
If you wish to cancel an order, you may request a cancellation by
sending an email to sales@ranisa.com.sg.
However, Ranisa may not receive and process your
cancellation request before it accepts and processes your order, in which case
your cancellation request may not be effective.
5. No
advice or solicitation
The Web Site
is for convenience and informational purposes only. The Web Site is not
intended to be a comprehensive or detailed statement concerning the matters
addressed; advice or recommendations; or an offer to sell or buy any product or
service. You should seek professional advice and recommendations before acting
or omitting to act based upon any information provided on or though the Web
Site.
6. Disclaimer, liability exclusion, liability limitation, release and
indemnity
Ranisa strives to make your use of the Web Site a
useful and enjoyable experience, and a safe and easy way to purchase goods.
Nevertheless, Ranisa and its service providers (the
"Providers") do not accept any liability for your use of the Web
Site. For that reason, the following provisions apply to your use of the Web
Site:
DISCLAIMER
Your use of the Web Site is at your own risk.
The Web Site
is provided on an "As is" and "As Available" basis, and
without any representations, warranties or conditions of any kind, whether
express or implied, and including without limitation implied warranties of
merchantability, fitness for a particular purpose, performance or durability,
all of which are hereby disclaimed by Ranisa and the
providers to the fullest extent permitted by law.
You (and not Ranisa or the providers) assume the
entire cost of all necessary servicing, repair or correction to any computer or
other equipment arising from, connected with, or relating to your use of the
Web Site.
The operation of the Web Site may be affected by numerous factors beyond Ranisa's control. The operation of the Web Site may not be
continuous or uninterrupted or secure. Security and privacy risks cannot be
eliminated.
Ranisa is under no obligation to verify the identity
of users of the Web Site.
Through your use of the Web Site, you may have the opportunity to engage in
commercial transactions with other persons. All such transactions are at your
own risk. Ranisa is not a party to any such
transactions and disclaims any and all liability regarding all such
transactions.
Without limiting the generality of the foregoing, Ranisa
and its providers make no representation, warranty or condition that:
·
The
Web Site will be compatible with your computer and related equipment and
software;
·
The
Web Site will be available or will function without interruption or will be
free of errors or that any errors will be corrected;
·
The
information available on or through the Web Site will be accurate, complete,
sequential, or timely;
·
Certain
or any results may be obtained through the use of the Web Site;
·
The
use of the Web Site, including the browsing and downloading of any information,
will be free of Viruses, Trojan horses, Worms or other destructive or
disruptive components; or
·
The
use of the Web Site will not infringe the rights (including intellectual
property rights) of any person;
And Ranisa and its providers
disclaim any and all liability regarding such matters to the fullest extent
permitted by law.
LIABILITY EXCLUSION
Ranisa and its providers will not under any
circumstances be liable to you or any other person for any loss of use, loss of
production, loss of income or profits (anticipated or otherwise), loss of
markets, economic loss, special, indirect or consequential loss or damage or
punitive damages, whether in contract, tort or under any other theory of law or
equity, arising from, connected with, or relating to the use of the Web Site by
you or any other person, and regardless of any negligence or other fault or
wrongdoing by Ranisa or any provider or any person
for whom Ranisa or its providers are responsible, and
notwithstanding that Ranisa or its providers may have
been advised of the possibility of such loss or damages being incurred by you
or any other person.
LIABILITY LIMITATION
In no event will Ranisa's or any of its providers'
total liability to you or any other person for any claims, proceedings,
liabilities, obligations, damages, losses, and costs, whether in contract, tort
or under any other theory of law or equity, and regardless of any negligence or
other fault or wrongdoing by Ranisa or any person for
whom Ranisa is responsible, exceed S$1 or the amount
you paid to Ranisa for the use of the Web Site,
whichever is less.
RELEASE
You hereby release, remise and forever discharge each of Ranisa
and its providers and all of their respective agents, directors, officers,
employees, information providers, service providers, suppliers, licensors and
licensees, and all other related, associated, or connected persons from any and
all manner of rights, claims, complaints, demands, causes of action, proceedings,
liabilities, obligations, legal fees, costs, and disbursements of any nature
and kind whatsoever and howsoever arising, whether known or unknown, which now
or hereafter exist, which arise from, relate to, or are connected with your use
of the Web Site.
INDEMNITY
You agree to indemnify, defend and hold harmless each of Ranisa
and its providers and all of their respective agents, directors, officers,
employees, information providers, service providers, suppliers, licensors and
licensees, and all other related, associated, or connected persons
(collectively, the "indemnified parties") from and against any and
all liabilities, expenses and costs, including without limitation reasonable
legal fees and expenses, incurred by the indemnified parties in connection with
any claim or demand arising out of, related to, or connected with your use of
the Web Site or your breach of this agreement. You will assist and co-operate
as fully as reasonably required by the indemnified parties in the defense of
any such claim or demand.
Advice and information provided by Ranisa or its
representatives, whether oral or written, will not create any representation,
warranty or condition or vary or amend this agreement, including the above
disclaimer, liability exclusion, liability limitation, release and indemnity
provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such
legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive indefinitely after the
termination of this Agreement.
7. Login
names and Passwords
Web Site accounts may be accessed only by use of a unique login name and
password. The use of a password does not restrict access by Ranisa
and its Providers to the password-protected information. Login names and
passwords may not be shared. For security reasons, you must keep your login
name and password confidential and not disclose them to any person or permit
any other person to use them, except an authorized Ranisa
representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must
log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name
and password and for all activities that occur under your login name and
password. You must ensure that all uses of your login name and password comply
with this Agreement.
You must immediately notify Ranisa of any
unauthorized use of your login name or password, or if you know or suspect that
your login name or password has been lost or stolen, has become known to any other
person, or has been otherwise compromised.
All login names and passwords remain the property of Ranisa,
and may be cancelled or suspended at any time by Ranisa
without any notice or liability to you or any other person. Ranisa
is not under any obligation to verify the actual identity or authority of the
user of any login name or password.
You must respond promptly to all email and other correspondence from Ranisa, including without limitation email and
correspondence concerning complaints or concerns regarding your use of your
login name or password or your use of the Web Site.
The security and privacy provided by passwords is not complete, and can be
circumvented. Your use of passwords is at your own risk.
8. Termination of this agreement and the Web site
If you breach any provision of this Agreement, you may
no longer use the Web Site.
Ranisa may at any time and for any reason, with or
without cause, and in its sole discretion, immediately suspend or terminate (in
whole or in part) your permission to use the Web Site and your user name and
password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you
or Ranisa for any reason, this Agreement will
nevertheless continue to apply and be binding upon you in respect of your prior
use of the Web Site and your purchases of goods and services through the Web
Site and anything connected with, relating to or arising from those matters.
9. Information submissions
All information you provide through the Web Site, including registration
information (name and email address), and transaction-related information, must
be true, accurate, current and complete. You must also provide Ranisa with updated registration information within 15 days
of any changes.
Ranisa will rely on the information you provide. You
will be solely responsible and liable for any and all loss, damage, and
additional costs that you, Ranisa or any other person
may incur as a result of your submission of any false, incorrect or incomplete
information or your failure to update your registration information within 15
days of any change. Ranisa may require a copy of a
government-issued form of identification before making any changes to your
registration information.
10. Ownership and permitted use of the web site
The Web Site and all information (in text, graphical, video and audio forms),
images, icons, software, design, applications and other elements available on
or through the Web Site are the property of Ranisa,
its Providers and others, and are protected by local and international
copyright, trade-mark, and other laws. Your use of the Web Site does not
transfer to you any ownership or other rights in the Web Site or its content.
You may only use the Web Site in the manner described specifically in this
Agreement.
The Web Site may not be used for any purpose not expressly permitted by this
Agreement. In particular, except as expressly stated otherwise in this
Agreement, the Web Site may not be copied, imitated, reproduced, republished,
uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in
any way, in whole or in part, without the express prior written consent of Ranisa. You may not use any of the software that is used in
the operation of the Web Site except while you are using the Web Site. You may
not reproduce, copy, duplicate, sell, or resell any part of the Web Site
(including the software used in the operation of the Web Site) or access to the
Web Site.
The Web Site is made available to you for your lawful use only. You may access
and browse the Web Site using commercially available, SSL-capable Web browser
software. You may print or download the pages of the Web Site for your personal
use provided that you do not modify any of the Web Site pages or other content
and you do not remove or alter any visible or non-visible identification,
marks, notices, or disclaimers.
11. Personal information privacy
Ranisa collects, uses, and discloses your personal
information in accordance with the Privacy Policy, which is described here. Ranisa may change the Privacy Policy from time to time in
its sole discretion. By accepting this Agreement, and each time you use the Web
Site, you consent to Ranisa's collection, use and
disclosure of your personal information in accordance with the Privacy Policy
as it then exists without any further notice or any liability to you or any
other person.
While using
our Web Sites, you may be asked to voluntarily provide certain personal
information (such as your name, email address, postal address, telephone number
etc). We use this information to complete your transaction and to apply for
access to certain special features and functions of the Web Sites. If you
choose not to provide requested personal information, you will not be able to
use certain features of the Web Sites and you will not be able to engage in
transactions through the Web Sites.
With any of
the services on our Web Sites, we may also use your personal information to
contact and correspond with you and to respond to your inquiries. With your
consent, we may send to you, from time to time, email or other communications
regarding goods or services we believe will interest you.
All
references to our Web Site in this Policy means either
ranisa.com.sg or ranisa.sg
or raniza.com.
Disclosure to Service
Providers
Ranisa may
share your personal information with certain service providers in order to
provide products and services to you, to verify and validate information, and
to address customer service matters.. Examples of
service providers include product service depots, warranty providers, and
delivery services. To reduce the risk of fraud or misuse of personal
information, Ranisa may also verify your personal
information, including but not limited to your address and other information,
with third party service providers.
We will use
reasonable efforts to ensure that your personal information is used in a manner
that is consistent with this Policy. If you do not wish us to provide your
personal information to those service providers, we may be unable to process
your transaction.
Legal Disclosure
Ranisa may
disclose your information as permitted or required to by law; for example:
·
to
a government institution or other person or entity that has asserted its lawful
authority to obtain the information;
·
where
we have reasonable grounds to believe the information could be useful in the
investigation of unlawful activity;
·
to
comply with a subpoena or warrant or an order made by a court, person or entity
with jurisdiction to compel the production of information;
·
to
comply with court rules regarding the production of records and information;
and
·
to our legal counsel.
Protection of Information
The security
of your personal information is a high priority for Ranisa.
We maintain appropriate safeguards and current security standards to protect
your personal information, whether recorded on paper or captured
electronically, against unauthorized access, disclosure, or misuse.
Although we
cannot take responsibility for any theft, misuse, unauthorized disclosure,
loss, alteration or destruction of data by a third party, we take reasonable
precautions to prevent such unfortunate occurrences.
Changes in Privacy Policy
To
accommodate changes in our service, the technology, and legal developments,
this Policy may change over time. We may add, change, or remove portions of
this Policy when we feel it is appropriate to do so.
12. Trade-mark information
Ranisa, the ranisa.com.sg, ranisa.sg, www.raniza.com, the Ranisa
logo and other Ranisa owned trade-marks appearing on
the Web Site, are registered and unregistered trade-marks and trade names owned
by Ranisa or licensed to Ranisa.
Other product and company names and logos appearing on the Web Site may be
registered or unregistered trade-names, trade-marks and service-marks of their
respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively
"Marks") displayed on the Web Site, except as expressly provided in
this Agreement, is strictly prohibited. Nothing appearing on the Web Site or
elsewhere shall be construed as granting, by implication, estoppel,
or otherwise, any licence or right to use any Marks
displayed on the Web Site.
13. Other sites
The Web Site may include advertisements for, and links to, other Web Sites or
resources and businesses operated by other persons ("Other Sites").
Other Sites are independent from Ranisa, and Ranisa has no responsibility or liability for or control
over Other Sites, their business, goods, services, or content. Links to Other
Sites are provided solely for your convenience. Ranisa
does not sponsor or endorse any Other Sites or their content or the goods or
services available through those other Web Sites. Your use of Other Sites and
your dealings with the owners or operators of Other Sites is at your own risk,
and you shall not make any claim against Ranisa
arising out of your use of any Other Sites or your dealings with the owners or
operators of any Other Sites. As between you and Ranisa,
the provisions of this Agreement under the section headed Disclaimer, Liability
Exclusion, Liability Limitation, Release and Indemnity apply, with all
necessary modifications, to your access to and use of any Other Sites and their
business, goods, services, and content.
14. Linking and framing the web site
Links to the Web Site without the express written permission of Ranisa are strictly prohibited. To request permission to
link to the Web Site, please contact webmaster@ranisa.com.sg.
Ranisa reserves the right to cancel and revoke any
permission it may give to link to the Web Site at any time, for any reason,
without any notice, and without any liability to you or any other person. The
framing of the Web Site or any of its content in any form and by any method is
strictly prohibited.
15. Postings and unsolicited submissions
You may not use technologies in connection with your
use of the Web Site or to post comments, communications, or any other data of
any kind to or on the Web Site with the intention that such postings may be
viewed by other users of the Web Site.
Ranisa does not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new or improved
goods, services or technologies, product enhancements, processes, materials,
marketing plans, or new product names. The purpose of this policy is to avoid
potential misunderstandings or disputes. Accordingly, please do not send any
unsolicited ideas, suggestions or other materials ("Submissions") to Ranisa or the Web Site.
If you send Submissions to Ranisa or the Web Site you
automatically grant (or warrant that the owner of the Submissions grants) to Ranisa and its assigns a perpetual, royalty-free,
irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable,
right and license to use, copy, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display and otherwise
exploit the Submissions or any ideas, concepts, know-how or techniques
associated with the Submissions for any purpose whatsoever, commercial or
otherwise, using any form, media or technology now known or later developed,
without providing compensation to you or any other person, without any
liability whatsoever, and free from any obligation of confidence or other
duties on the part of Ranisa or its assigns, and you
agree, represent and warrant that all moral rights in the Submissions are
waived in favour of Ranisa
and its assigns.
16. Transaction agreements
All transactions through the Web Site, including the
purchase and sale of goods and services and the licensing of software, are
governed by this Agreement and any applicable Transaction Agreement. By using
the Web Site or by participating in a transaction through the Web Site, you
signify your agreement and acceptance of this Agreement and, if applicable, the
Transaction Agreement.
17. Software agreements
Ranisa may cause software to be available for you to
download from the Web Site or through other Web Sites, including Web Sites
operated by Providers. The software is protected by copyright, and your
downloading and use of the software are governed by the applicable Transaction
Agreement and the Software Licence Agreement specific
to the software. By downloading software, you signify your agreement and
acceptance of the applicable Transaction Agreement and Software Licence Agreement.
18. Contests
From time to time Ranisa may make contests
available to users of the Web Site and others. All contests are governed by
this Agreement and the applicable Contest Rules. By participating in a contest
through the Web Site, you signify your agreement and acceptance of this
Agreement and the applicable Contest Rules.
19. Governing law and dispute resolution
The Web Site is controlled by Ranisa from Australia. This
Agreement, your use of the Web Site, and all related matters are governed
solely by the laws of the Australia
excluding any rules of private international law or the conflict of laws which
would lead to the application of any other laws.
Any dispute between Ranisa and you or any other
person arising from, connected with or relating to the Web Site, this Agreement
or any related matters must be resolved before the Courts of Australia sitting
in the City of Adelaide, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those
Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or
relating to your use of the Web Site, this Agreement, or any related matters
must be commenced in a court of competent jurisdiction in the City of Adelaide
within six (6) months after the claim or cause of action arises, after which
time the claim or cause of action is forever barred, regardless of any statute
or law to the contrary.
20. Other matters
If any provision of this Agreement is found to be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed to be severed from the rest of this Agreement and shall not affect the
validity and enforceability of any remaining provisions.
The provisions of this Agreement will endure to the benefit of and be binding
upon each of Ranisa and its Providers and each of
their respective successors and assigns and related persons, including without
limitation Ranisa, and you and your heirs, executors,
administrators, successors, permitted assigns, and personal representatives.
You may not assign this Agreement or your rights and obligations under this
Agreement without the express prior written consent of Ranisa,
which may be withheld in Ranisa's sole discretion. Ranisa may assign this Agreement and its rights and
obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default
under this Agreement will constitute a continuing waiver of such breach or
default or be deemed to be a waiver of any preceding or subsequent breach or
default.
You and Ranisa are independent contractors and no
agency, partnership, joint venture, employment or franchise relationship is
intended or created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all
other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to Ranisa.
This Agreement is subject to change without notice.