Term & Condition

1. TERMS OF SERVICE
1.1. Please read these terms and conditions (the “ Terms of Service”) set forth below carefully as they apply to and govern :

your access and use of our site and/ or applications (referred to as the “Platform”);
any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Platform (collectively the “ Content”).
our marketing communications with you (which include email notifications); and
the sales of Products (as defined below) through the Platform;
(each a “Service” and collectively the “ Services”).

1.2. Your access to and use of the Services signifies your acceptance of these Terms of Service and your agreement to be bound by them (including any and all other applicable terms referenced herein absolutely).If you do not accept our Terms of Service, please discontinue your access and/or use of our Services immediately.

1.3. By accessing and/or using the Services, you represent and warrant:

that you are 18 years old or above and have the legal capacity to enter into and form binding contracts under applicable law; and
that your utilization of our Services or Platform does not contravene any applicable laws.
1.4. In these Terms of Service, “Product” means any goods listed on the Platform by individual merchants (“Sellers”) that you can order on the Platform.

1.5. Namics, DBG One Ltd. (“we”, “us” or “Us”) reserves the right to revise these Terms of Service, as well as any guidelines, notices, operating rules and instructions, at our sole discretion from time to time. The updated Terms of Service shall be posted on the Platform from time to time and such posting shall constitute sufficient notice of such modifications or variations thereof and shall take effect on the date of the posting on the Platform. It is your responsibility to check this page periodically for changes to the Terms of Service.

2. PRIVACY
2.1. These Terms of Service includes the additional terms in our privacy policy which can be found at (“Privacy Policy”) and which will apply to your use of our Services.

2.2. By using our Services you:

warrant that all information (including Personal Data) provided by you is accurate and complete; and
acknowledge and agree that through your use of the Services, you consent to the collection, use, processing and disclosure of your information (including your Personal Data), as well as the transfer of this information both within and outside of Singapore for storage, processing, and use by us, in accordance with the Privacy Policy.
“Personal Data” means data, whether true or not, about an individual who can be identified from that data or from that data and other information about the individual which we may have (which may include name, contact information such email address, billing address, shipping address, telephone number and any other information that an individual may have provided to us when placing an order (“Order”) for the Product(s)).

2.3. Save as otherwise provided for in our Privacy Policy, your access and use of our Services, as well as the registration of your account (“Account”) shall constitute your consent to the receipt of communications in relation to the administration of the Services and Platform. For all other communications, such as marketing, informational and promotional emails, you may provide your consent to such communications by indicating in the opt-in tick box provided on our electronic form during Account registration.

3. USE OF THE SERVICES AND/OR ACCESS TO PLATFORM
3.1. You agree and undertake:

to be legally bound by these Terms of Service;
to use the Services and/or access the Platform only for lawful purposes and in a lawful manner at all times;
to comply with any and all guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services, including any amendments to the aforementioned, issued by us from time to time;
that all information (including Personal Data) provided by you on the Platform is accurate and complete and you agree to take full and sole responsibility for such information;
not to impersonate any person or entity or falsely state or misrepresent your affiliations to such other persons or entities;
not to attempt to gain unauthorized access to or otherwise interfere or disrupt the computer networks and systems connected to the Platform; and
not to use or upload any malicious codes, viruses and the like which may impair, damage or corrupt the Platform’s data or otherwise interfere with another users’ utilization and enjoyment of the Platform or Services.
3.2. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to refuse any Order, to merge, suspend or terminate any Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

satisfy any applicable law, regulation, legal process, or court order;
enforce the Terms of Service, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security, or technical issues;
respond to user support requests; or
protect the rights, property, or safety of us, its users, and the public.
3.3. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access the Platform and providing your own virus protection software. We will not be responsible or liable to you for any bugs or virus, which may be transmitted from our Platform to your computer system.

3.4. In addition to Clause 3.1 above, you shall not do any of the following while accessing or using the Services:

access, tamper with, or use non-public areas of the Platform, ours computer systems, or the technical delivery systems of ours providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions). In particular, any scraping or attempt to scrape the Platform without our prior consent is expressly prohibited;
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
interfere with, or disrupt, or attempt to so interfere with or disrupt, the access of any user, host, or network, including, without limitation, sending a virus, Trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
3.5. In the event of your breach of the obligations under this Clause 3, we reserve the right to report such breaches to the relevant law enforcement authorities, including disclosing your identity to them. We also reserve the right to suspend and/or terminate your Account and your use of our Services immediately.

4. CONTENTS OF THE SERVICES AND CHANGES TO THE SERVICES
4.1. You acknowledge that us, is only providing the Services as a forum for buyers (you) and Sellers and that Us does not endorse the views, values or opinion of any Content posted by the Sellers on the Platform. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or, in some cases, postings that have been mislabeled or are otherwise deceptive. Such Content may contain factual or technical inaccuracies or typographical errors. We expressly exclude all liability howsoever arising, to the fullest extent permitted by law, arising from such inaccuracies or errors. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is solely at your own risk.

4.2. The form and nature of the Services may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without providing you with prior notice.

4.3. We make no representations, warranties, or guarantees, whether express or implied, as to the accuracy, completeness, reliability, timeliness, title, non-infringement or suitability for any and all of our Services and Content on the Platform.

5. ACCESS AND USE OF THE SERVICES
Security – Account Login and Password

5.1. To utilize certain Services and to purchase a Product, you will be required to create a Login ID and password for your Account with Us. You are encouraged to use strong alphanumeric password (passwords which consists of lowercase letters, uppercase letters, numerals etc.…) for your Account. It is your responsibility to provide accurate, complete, and up to date information for your Account.

5.2. You shall not misuse the Services by creating multiple user Accounts.

5.3. You shall be solely responsible for protecting and safeguarding the confidentiality of your Login ID and password and you shall not share them with or transfer them to any third party. You shall be solely responsible for any activities or actions conducted via your Account and any use and access to the Services via your Account shall be deemed to be used and accessed by you or on your behalf and you undertake that you shall be fully responsible in respect of such use and access. You are also responsible for ensuring that all persons who access our Services through your Account are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.

5.4. Any loss incurred or sustained by you by reason of you transmitting payment information over the Platform through your Account shall be borne solely and exclusively by you and in no event shall any such loss (whether in whole or in part) be borne by us.

5.5. If you are using a public computer, you shall ensure that you sign out from your Account once you have completed your use of the Services.

5.6. We shall not be liable for any loss or damage arising from your failure to comply with the security requirements above

5.7. We reserve the right to, at any time, at our sole discretion and without providing a reason, deactivate or disable your Account, if we are of the opinion that you have failed to comply with any of the security requirements above and/or the provisions of these Terms of Service.

5.8. If wrongful or fraudulent use of an Account is suspected or discovered by us, we reserve the right at our sole discretion, without liability and prejudice to our other rights and remedies under these Terms of Service or at law, to immediately

in the event that an Order made through the Account is declined or unable to be fulfilled, the user shall be subjected to the applicable terms and conditions;
prohibit the Account owner or other person from accessing and using the Services or participating in any promotion by us; and/or
merge, suspend, and/or terminate Account(s).
Availability

5.9. You are responsible for making all arrangements necessary for you to have access to our Services.

5.10. We do not guarantee that our Services or any Content will always be available or be uninterrupted and we may suspend, withdraw, discontinue, or change all or any part of our Services at our own discretion without any prior notice. We will not be liable to you for any reason should our Services be unavailable at any time or for any given period.

6. YOUR LICENCE TO USE THE SERVICES
6.1. We grants you a revocable, personal, worldwide, royalty-free, non-assignable, and non-exclusive limited license to use the Platform solely for the purpose of enabling you to utilize the Services and use and enjoy the benefit of the Platform as provided by us and is subject to these Terms of Service.

7. OUR INTELLECTUAL PROPERTY RIGHTS
7.1. All intellectual property rights subsisting in respect of the Services belong to Us or have been lawfully licensed to Us for use in connection with the Services. All rights under applicable laws are hereby reserved. You agree not to upload, post, publish, reproduce, transmit, or distribute in any way, any component of the Platform, the Content, or any access to the Service, or create derivative works with respect thereto, except with the prior written consent of Us or unless expressly permitted in these Terms of Service. Our Platform, the Content, and the Services are protected under applicable intellectual property laws.

7.2. You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (referred to as the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.

8. INFRINGEMENT OF THIRD PARTIES INTELLECTUAL PROPERTY RIGHTS
8.1. Us is committed to upholding applicable intellectual property laws. All users of the Services shall at all times, comply with all applicable intellectual property laws and regulations (including not reproducing, copying or using content created or owned by a third party without their express permission).

8.2. Should you reasonably believe that your Content has been copied in a way that constitutes an infringement of your copyright, please provide us with the following information: (i) a physical or electronic authorization of the copyright owner or a person authorized to act on his behalf; (ii) identification of the copyright protected work alleged to have been infringed; (iii) identification of the material that is alleged to be infringing the copyright protected work and that is to be removed or access to which is to be disabled, and all information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, your telephone number, and an email address; (v) a statement by you stating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law; (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (vii) a letter of indemnity granted in favor of Us (in the event that we remove any alleged infringing Content from the Platform). We will respond to notices of alleged copyright infringements that are properly provided to us in accordance with the directions above in accordance with applicable law. Please submit all notices of alleged copyright infringement appearing on the Services to us at 60 Airport Boulevard, #046-037 Changi Airport Terminal 2 Singapore 819643.

8.3. We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to us. We reserve our legal rights against any party who, through the use of the Services or our Platform, infringe the intellectual property rights of others.

9. LIMITED LIABILITY AND WARRANTY
9.1. Please read this section carefully as it pertains to the limitation of liability of Us and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Us Entities”). Each of the sub-clauses below only applies up to the maximum extent permitted under applicable law.

9.2. The Platform and the Services are provided to you on an “as is”, “as available” basis. Your access to and use of the Platform and the Services is entirely at your own risk. The Platform and the Services are for your own personal use only and the Us Entities make no representation or warranty of any kind, whether express or implied, including and without limitation, any warranties on merchantability or fitness for any particular purpose. We do not endorse, warrant or guarantee any material, Product and services offered by the Sellers through our Platform.

9.3. The Us Entities do not guarantee that:

the information presented on the Platform is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
the Platform is free of defect, error or virus, which may change, erase, add to, or damage your software, data or equipment;
messages sent through the Platform will be free from interception, corruption, error, delay, or loss;
access to the Platform or the Services will be available or uninterrupted;
use of the Products and/or Services will achieve any particular result; or
defects on the Platform or the Services will be corrected in a timely manner.
9.4. Without limiting the generality of the foregoing, and to the fullest extent permitted by law, Us Entities will not be liable to you or any other person for any direct, indirect, or consequential losses, loss of profit or business, arising in connection with your use, or inability to use, the Platform, the Services and/or the Products, even if any of the Us Entities has been advised of the possibility of such loss or damage.

10. LINKING TO US
10.1. You may only provide hyperlinks to our Platform if it is done legally and only if doing so will not damage our reputation. You must not establish any hyperlinks in such a manner so as to suggest any form of association, approval, or endorsement on our part where none exists. You agree to indemnify us for any loss or damage that may arise from you providing hyperlinks to our Platform.

11. THIRD-PARTY HYPERLINKS AND RESOURCES ON THE PLATFORM
11.1. For your convenience, we may include on our Platform or from the provision of the Services, hyperlinks to other websites or content on the Internet that are owned and operated by third parties. Any hyperlinks to such websites are not an endorsement or verification of such website or the contents contained therein, and you agree that your access to or use of such linked websites are at your own risk. You acknowledge and agree that Us shall not be held responsible or liable any information provided on such third parties’ websites.

11.2. The Platform may include third party advertisements, which may be targeted to the Content or information regarding the Services and/or queries made through the Platform. The types and extent of advertising by Us on the Platform are subject to change. In consideration for us granting you a license to use the Platform, you agree that Us, its agents and partners may place such advertising on the Platform.

12. INDEMNITY
12.1. You agree to defend, indemnify, and hold Us harmless from and against all losses (including indirect, or consequential losses, loss of profit, loss of reputation), damages, claims, actions, costs, and expense (including legal and other professional costs and expenses), in connection with or arising from your use of the Platform and the Services, or your breach of any of these Terms of Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made by you without our prior written approval. We reserve the right, at our own expense and by notice to you, assume exclusive defense and control of any claim or action.

13. SEVERANCE
13.1. The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.

14. SEVERAL USERS
14.1. All right and liabilities of the users of the Platform and the Services under these Terms of Service is several.

15. WAIVER
15.1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. In the event that the completion of an order exceeds the designated timeframe of thirty minutes, an overtime charge shall be applied, the exact amount of which will be contingent upon the specific conditions pertaining to each individual account. It is important to note that the imposition of an overtime charge will be limited to a single occurrence per account. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

16. TERMINATION
16.1. The Terms of Service shall continue to apply indefinitely until terminated by either you or us in accordance with this Clause 22.

16.2. You may terminate your agreement with us at any time, and for any reason, by deactivating/deleting your Account and/or discontinuing your use of the Platform and the Services. You do not need to inform us when you have deactivated/deleted your Account and/or stop using the Platform and the Services.

16.3. We may suspend or terminate your Account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service; (ii) your actions have/will create risks (legal or otherwise) for us; or (iii) our provision of the Services to you is no longer commercially viable. We will endeavor to make reasonable efforts to notify you in such an event via your email address provided under your contact details in your Account, or at such time you attempt to access your Account.

16.4. In the event of termination, any provision of these Terms of Service that are expressly or by implication, intended to come into or continue in full force and effect on or after termination of this Terms of Service shall remain in full force and effect.

16.5. Nothing in this Clause 22 shall affect our rights to change, limit, or stop the provision of the Services without prior notice to you, as provided above in Clause 5 (Access and Use of the Services).

17. GOVERNING LAW AND JURISDICTION
17.1. These Terms of Service shall be governed by and construed in accordance with the laws of Singapore. Parties (Us and the user) agree to submit to the exclusive jurisdiction of the courts of Singapore.

18. ENTIRE AGREEMENT
18.1. These Terms of Service shall constitute the entire agreement between Us and you relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect of the subject matter hereof.