TERMS & CONDITIONS
1 These Terms
1.1 These Terms and Conditions govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”).
1.2 By using our Platform, you agree to these terms in full regardless of whether you are a paying user or a non-paying visitor; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
1.3 You must be at least  years of age to use our website; by using our website or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least  years of age.
By using our Platform, you agree to these terms in full regardless of whether you are a paying user or a non-paying visitor; accordingly,
2 About Us and Contact Us
2.1 Please contact us via our website contact form or email us using the email address published on our website from time to time.
2.2 Please contact us in the first instance if you have any questions or concerns.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words "writing" or "written" in these terms, this includes emails.
3 Changes of Terms
3.1 We may amend these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
3.2 The revised Terms and Conditions shall apply to the use of our Platform from the date of publication of the revised Terms and Conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of this Terms and Conditions.
4 Availability of Our Services
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we may give you advance notice, at the sole discretion of us, where reasonably possible.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
4.3 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
(a) Before ordering, you can learn about THE MASUKU on THE MASUKU’s website: www.themasuku.com
(b) THE MASUKU’s products are offered for purchase within the limit of available stocks, and at times for pre-orders, while stocks last.
(c) THE MASUKU’s pictures and descriptions are as precise as possible. THE MASUKU is committed to these pictures and description only for what is exactly indicated. However, you are informed and accept that some of THE MASUKU’s characteristics, including its colour, may not entirely match with the photographs published on the website, due to technical constraints or differences between batches of production.
5.2 Ordering THE MASUKU products
(a) Placing an order
(i) You can place an order by completing the order form available on THE MASUKU's website or by purchasing from a retail partner or e-commerce partner. As part of the ordering process, you are asked to provide your address for the purposes of delivery and invoicing. All fields in the order form marked as being required must be filled in. Orders cannot be validated unless they contain all required information.
(ii) You must ensure that all information they provide in the order form is accurate, up to date and genuine and is in no way misleading or dishonest.
(iii) You are hereby informed and accept that this information acts as proof of their identity and will be binding upon confirmation.
(b) Order Confirmation
(i) Once you have placed your order, you will receive an email which confirms the order and may indicate the scheduled delivery duration or date.
(ii) You must make sure the contact details you entered when ordering are correct to ensure you receive the order confirmation email. If you do not receive this email, you must contact us through the channels listed in the section “About Us and Contact Us”.
(iii) Information contained in the order confirmation should be kept safe.
5.3 Paying for THE MASUKU
(a) THE MASUKU’s price
(i) THE MASUKU’s selling price is indicated on the website, in USD and, depending on countries, it usually includes all taxes (such as VAT and other applicable taxes, but excludes potential custom duties).
(ii) THE MASUKU reserves the right to propose promotional offers or price reductions, in its sole discretion and according to conditions that it deems appropriate, including when users subscribe to THE MASUKU’s other services or have expressed their interest in THE MASUKU’s activities.
(iii) THE MASUKU’s price may and may not include the delivery fees, which shall be invoiced in supplement. Delivery cost shall be indicated before the validation of the order by the customer.
(iv) The applicable price is indicated on the website on the date of validation of your order.
(v) Caution: Outside the European Union, in addition to the price paid to THE MASUKU, duties or local taxes may be pursuant and may be charged to you. These duties and taxes, the amount of which THE MASUKU cannot predetermine and therefore cannot inform you of prior to your order, remain at your charge. You remain solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.
(i) The price of THE MASUKU, including delivery costs, is due when the order is placed.
(ii) Payment can be made online by bank or credit card through the secured online payment service indicated on the website, or by any other means available on the website at the date of the order.
(iii) You guarantee that you have all required authorizations to use the chosen means of payment.
(iv) The corresponding invoice shall be sent to you after the payment has been made..
(c) Retention of ownership
(i) THE MASUKU retains full and complete ownership of THE MASUKU until full payment has been made.
5.4 THE MASUKU’s delivery
(a) Territories and delivery methods
(i) THE MASUKU may be delivered to countries mentioned on the website.
(ii) THE MASUKU shall be delivered to the address indicated as the “delivery address” (which can be different from the invoicing address) indicated by you on the date of your order.
(iii) You are informed of all viable delivery methods and their costs before your order validation. You must select the chosen method of delivery and provide all information required for the effective delivery of THE MASUKU.
(b) Delivery date
(i) THE MASUKU’s delivery date or duration may be indicated in the order confirmation page (prior to you confirming the order), and/or in the confirmation email. Delivery date indications are a ‘best guess’ and orders may be subject to delays due to circumstances outside of our control e.g strikes, weather conditions, shipping delays due to world events (such as the Covid-19 pandemic) or customs clearance.
(ii) Orders can be cancelled by contacting THE MASUKU within 24 hours of placing the order, and upon THE MASUKU’s acknowledgement of receipt of your request. You agree that cancellation of orders are solely to the discretion of THE MASUKU, and if your order has yet to be shipped out.
(iii) The order shall be deemed cancelled upon receipt by THE MASUKU of this written form informing THE MASUKU of this cancellation, unless the delivery was made meanwhile.
(iv) In case the order is cancelled, as set out above, you will be refunded of the sums you have paid, including the costs of delivery (if the order has yet to be shipped out), within fourteen (14) days from the date of this cancellation.
6 Medical Disclaimer
6.1 No advice
(a) Our Platform may contain general medical information;
(b) The medical information is not advice and should not be treated as such.
6.2 No warranties
(a) The medical information on our Platform is provided without any representations or warranties, express or implied;
(b) Without limiting the scope of Section 6.2(a), we do not warrant or represent that the medical information on this Platform:
(i) will be constantly available, or available at all; or
(ii) is true, accurate, complete, current or non-misleading.
6.3 Medical Assistance
(a) You must not rely on the information on our Platform as an alternative to medical advice from your doctor or other professional healthcare provider;
(b) If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider;
(c) If you think you may be suffering from any medical condition, you should seek immediate medical attention;
(d) You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
7 Your Account and Password
7.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
7.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
7.3 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 15; you must not use your account or user ID for or in connection with the impersonation of any person.
7.4 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
7.5 We may suspend your account, cancel your account, and/or edit your account details, at any time at our sole discretion without notice or explanation.
7.6 You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
7.7 You are responsible for all actions or activities that happen by, through or under your account.
7.8 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8 Use of the Platform
8.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
8.2 We give you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
8.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
8.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
9 Your Rights
9.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
9.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
9.4 If you believe your intellectual property rights have been infringed, please contact us via our website contact form or email us using the email address published on our website from time to time.
10 Our Rights
10.1 Copyright (c) 2020, Pata Medicals Pte. Ltd..
10.2 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
10.3 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
10.4 Our name “THE MASUKU” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
11.1 We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
12.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
12.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
13 Limitation on Liabilities
13.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
13. 2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
13.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues,
(c) relating to the use of our Platform or any products or services we offer.
13.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
13.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
14 Your Representation
14.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
14.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
14.2 You also agree to fully cooperate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
16.1 These terms will continue to apply until terminated by either you or us as follows.
16.2 You may stop using the Platform any time by deactivating your account on our website using your account control panel on the website.
16.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
(e) In any of the above cases, we may or may not notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
16.4 Without prejudice to our other rights under these terms and conditions, if you breach this Terms and Conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
16.5 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ including without limitation creating and/or using a different account.
16.6 Upon termination of your access, these terms will also terminate except for Clauses 12 to 20.
16.7 Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
17 Entire Agreement
17.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
17.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
18 Other Important Terms
18.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to
make the payment at a later date.
19.1 If you have any questions about these terms or the Acceptable Use Policy, please contact us via our website contact form or email us using the email address published on our website from time to time.
20.1 In case of discrepancies between the English and any other language versions of these terms, the English version shall prevail.
21 Governing Law and Jurisdiction
21.1 These terms are governed by and shall be construed in accordance with the laws of your country of residence, the Laws of the United States of America, the Laws of Japan, and the Laws of the Republic of Singapore.
21.2 The courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
21 Acceptable Use Policy
22.1 As part of the Terms and Conditions, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libellous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) violate the letter or spirit of our Terms and Conditions;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
Last updated: 1st January 2020