NOMADX TERMS & CONDITIONS

 

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT: (A) ENTER THE NOMADX PREMISES; (B) PARTICIPATE IN ANY ACTIVITIES RELATING TO THE SAME (INCLUDING ANY OF THE NOMADX APPLICATIONS); AND/OR (C) ACCESS OR USE ANY OF THE NOMADX APPLICATIONS (OR IMMEDIATELY DISCONTINUE YOUR ACCESS OF THE SAME).

 

WE MAY FROM TIME TO TIME AMEND THESE TERMS AND CONDITIONS. THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL BE AVAILABLE AT <https://nomadx.sg/terms-conditions>. YOU AGREE TO THE PREVAILING VERSION OF THESE TERMS AND CONDITIONS WHENEVER YOU: (A) ENTER THE NOMADX PREMISES; (B) PARTICIPATE IN ANY ACTIVITIES RELATING TO THE SAME; AND/OR (C) ACCESS OR USE ANY OF THE NOMADX APPLICATIONS.

 

1.            NOMADX EXPERIENCE

1.1          These NomadX Terms & Conditions (including all supplements, variations, amendments and modifications thereto from time to time made in accordance with the terms herein) ("Terms") constitute an agreement between CMA Excellence Pte. Ltd. ("we", "us", "our" as the context requires) and you with respect to your use of any content, modules, hardware, software, tools, functionalities (including any of the NomadX Applications and/or Devices), features and/or services by third-party vendors ("Vendors") or third-party retailers ("Retailers", and each a "Retailer"), offered or made available to you in connection with your retail experience:

(a)           on or through any of the NomadX Applications; and/or

(b)           at any location or premises operated by us which we refer to as a NomadX location (each a "NomadX Location"),

collectively the/your "NomadX Experience".

1.2          In these Terms, the person to whom these Terms apply shall be referred to as "you", "your", or "yours" as the context requires.  

1.3          By using any of the NomadX Applications, participating in the NomadX Experience or entering any NomadX Location:

(a)           you acknowledge and undertake that you have read and understood these Terms and you agree to be bound by all these Terms; and

(b)           in addition to the foregoing, you hereby confirm and warrant that: (i) you are 13 years of age or older; (ii) if you are entering any NomadX Location with any child or ward who is below 13 years of age, you agree both on behalf of yourself and such child or ward to be bound by these Terms and to ensure due performance by such child or ward; and (iii) if you are a minor (i.e. below 21 years of age), you have obtained the consent and agreement of your parent or legal guardian to ensure that you duly perform these Terms in their entirety.

1.4          If you are the parent or legal guardian of a minor (i.e. below 21 years of age), you agree and acknowledge:

(a)           that you should and shall carefully supervise that minor's use of any services provided by us at any NomadX Location, on any of the NomadX Applications, and/or in relation to or any NomadX Experience;

(b)           that it is your responsibility (i.e. as the parent or legal guardian, as the case may be) to determine whether any part of the NomadX Experience is appropriate and/or safe for that minor;

(c)           to pay in full all sums due from that minor to us (or any Third Party Provider in relation to that minor's NomadX Experience), including such sums in connection with any transactions made on or through any of the NomadX Applications;

(d)           that data (including Personal Data) of children may be captured in any NomadX Location according to these Terms; and

(e)           that YOU HEREBY EXPRESSLY CONSENT on behalf of that minor to the collection, use, disclosure and/or processing of that minor's Personal Data according to all the terms set out hereunder, including Clause 6 below, and you agree that we may deem the same.

1.5          You agree that your participation in the NomadX Experience and/or use of any of the NomadX Applications shall be subject to any additional policies and guidelines prescribed by us in connection with the same from time to time, as well as all Applicable Law.

2.            NOMADX APPLICATIONS

2.1          Subject always to your continuing and full compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use any of the NomadX Applications in accordance with these Terms and only for your personal and non-commercial use, and only for so long as your access to any NomadX Location and/or your use of any of the NomadX Applications is not terminated by us. You agree that all rights not expressly granted to you are reserved by us.

2.2          Except insofar as expressly permitted under these Terms or otherwise in writing by us or as may be allowed by Applicable Law and where incapable of exclusion by agreement, you may not (and may not knowingly allow, permit, or assist any person to):

(a)           copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify any of the NomadX Applications and/or Device;

(b)           make alterations to, or modifications of, the whole or any part of any of the NomadX Applications and/or Device, nor permit any of the NomadX Applications and/or Device or any part of the NomadX Applications and/or Device to be combined with (or become incorporated with or in) any other program(s);

(c)           disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, communicate, republish, upload, post, transmit, edit, re-use, adapt, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sub-license or create derivative works based on the whole or any part of any of the NomadX Applications and/or Device;

(d)           provide or otherwise make available any of the NomadX Applications and/or Device in whole or in part (including object and source code), in any form to any person without our prior written consent;

(e)           use any of the NomadX Applications and/or Device in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, including but not limited to:

(i)            using any of the NomadX Applications and/or Device in any manner (or as part of any attempt to) harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any person; and/or

(ii)           transmitting or allowing the transmission via any of the NomadX Applications and/or Device of any unlawful, harmful, vulgar, obscene material or any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law; and/or

(f)            use any of the NomadX Applications and/or Device in a way that could damage, disable, overburden, impair or compromise any of the NomadX Applications and/or Device (or the systems and/or security thereof, including the cybersecurity of any of the NomadX Applications and/or Device) or interfere with another person's usage or access to any of the NomadX Applications and/or Device, including without limitation:

(i)            attempting to probe, scan, test the vulnerability of or gain unauthorised access to a system or network or to breach or circumvent security or authentication measures without proper authorisation; and/or

(ii)           submitting a computer virus to any of the NomadX Applications and/or Device, or overloading, "flooding", "mailbombing" and/or "crashing" any of the NomadX Applications and/or Device.

2.3          Any of the NomadX Applications may contain hyperlinks to external websites which are not managed by us ("External Websites"). For example, External Websites may include the websites of Third Party Providers providing you services. You agree and acknowledge that:

(a)           we do not investigate, verify or monitor the contents of External Websites, nor do we represent, warrant, or undertake to do so for you;

(b)           hyperlinks to External Websites are not an endorsement by us of those External Websites and we do not make representations or warranties about any hyperlinked External Websites which you may come across or access through any of the NomadX Applications;

(c)           we shall not be held responsible for the information, products, services or other material obtained on External Websites, and we shall not be liable for any damages or losses arising from your access to and/or use of External Websites; and

(d)           you are hereby put on notice that any access by you of such hyperlinked External Websites shall be at your sole risk.

2.4          You acknowledge that any of the NomadX Applications and/or Device may display, publish or make available content that is provided by third parties (including, for example, content from other users, or content provided by Third Party Providers) ("Third Party Content"). You agree that Third Party Content is the sole responsibility of the person that makes it available, and we make no representations or warranties as to the veracity or accuracy of such content. You further acknowledge and agree that any access and/or use by you of Third Party Content is entirely at your own risk, and we take no responsibility and assume no liability (whether direct or indirect, or any incidental, special, consequential damages whatsoever), including without limitation any damages for loss of profits or any other commercial damages or losses in connection with your access and/or use of Third Party Content.

2.5          ACCESS AND/OR USE OF ANY OF THE NOMADX APPLICATIONS AND/OR DEVICE IS ENTIRELY AT YOUR OWN RISK. You understand, acknowledge, and agree that:

(a)           any of the NomadX Applications and/or Device may use transmissions over the Internet which are never completely private or secure;

(b)           any Personal Data, message or information which you send in the course of your use of any of the NomadX Applications and/or Device will always carry the risk of becoming made public, and/or read or intercepted by others (regardless whether accidentally, maliciously, or otherwise); and

(c)           use of any device (e.g. a tablet computer) which we may make available to you in any NomadX Location to facilitate your access and/or use of any of the NomadX Applications or participation in the NomadX Experience (each a "Device") shall be entirely at your own risk, and we shall not be responsible for any loss or damage arising in connection with your use of a Device.

2.6          You agree that we shall have the right to:

(a)           to terminate or suspend your use of any of the NomadX Applications or to deactivate any of the NomadX Applications or any functionality therein, in whole or in part, at any time (and for any or no reason), without prior notice and without liability to you, including (without limitation) if:

(i)            you have breached any of these Terms;

(ii)           we in our sole or absolute discretion determine or suspect that:

(1)           you have violated any Applicable Law;

(2)           you have engaged in unethical or other conduct or practices which we consider to be objectionable or if there arise other issues which we consider to be disruptive to our business and/or reputation; and/or

(3)           you have infringed a third party's rights or interests; and

(b)           at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on (or through, or by way of) any of the NomadX Applications which in our sole opinion is unlawful, violates any of these Terms, or could subject us or any member of the Group or Third Party Providers to liability under Applicable Law. We shall have the right to take any enforcement actions as we deem appropriate at our sole discretion, including but not limited to:

(i)            giving a written warning to you;

(ii)           removing any content we deem inappropriate without notice to you;

(iii)          recovering damages (or other monetary compensation) from you;

(iv)          suspending or terminating any user account you may have with us, or suspending your access to any of the NomadX Applications (including temporarily or permanently); and

(v)           to restrict, refuse or ban you from any and all future use of any product, service and/or facility provided or offered by us.

3.            ACCESS TO NOMADX LOCATIONS

3.1          You agree that we reserve the right to refuse entry to you, or require you to leave any NomadX Location, without refund or compensation, if in our sole and absolute determination, we are of the opinion that you:

(a)           have behaved in a manner which, in our opinion, has affected (or is likely to affect) the safety or enjoyment of other persons at any NomadX Location, or will otherwise cause distress, discomfort or inconvenience to other persons at any NomadX Location;

(b)           have used threatening, abusive and/or insulting words, or have behaved in any manner which is violent, threatening, abusive and/or insulting, or have caused assault or provocation or otherwise engaged in conduct which may result in a breach of the peace or which may constitute an offence at any NomadX Location;

(c)           are disorderly or disruptive to other persons at any NomadX Location, or otherwise behave in a manner involving any hazard or risk to yourself or to other persons or to property at any NomadX Location;

(d)           have failed to comply with any of these Terms or instructions given or issued by us and/or our authorised representatives (including employees of the Group);

(e)           are (or appear to be) under the influence of intoxicating substances (including drugs and/or alcohol), or any psychoactive drugs; and/or

(f)            are found to be carrying illegal items or carrying out illegal activities at any NomadX Location.

3.2          You agree that you shall not (nor attempt to):

(a)           smoke within any NomadX Location. This prohibition extends to any use of electronic cigarettes, personal vaporisers or any other similar imitation tobacco products which emit fumes (regardless whether pungent or not); and/or

(b)           engage in any activity which may (or is likely to) cause interference with or disruption to the activities (including the NomadX Experience of other persons) in any NomadX Location.

3.3          You agree and acknowledge that aspects of your NomadX Experience made available to you (including Services on or through any of the NomadX Applications) may be provided directly by Vendors and/or Retailers (each a "Third Party Provider"), and you agree and acknowledge that:

(a)           such services or experiences may be subject to such further terms and conditions of Third Party Providers (including their respective privacy policies) over which we have no control, and that such terms and conditions shall further govern your rights and obligations in relation to those Third Party Providers. Without prejudice to the generality of the foregoing or Clause 6 below, you agree and acknowledge that your Personal Data may be collected, used, disclosed and/or processed by such Third Party Providers under their respective data protection practices which we may not have control over, and we shall not be responsible for their respective compliance (or non-compliance) with applicable data protection laws, including in relation to any consents required to be separately obtained from you by such Third Party Providers. We encourage you to learn about the data protection practices of the respective Third Party Providers to determine how they will handle any Personal Data they may collect from you;

(b)           Third Party Providers are independent contractors over whom we have no responsibility, and that to the fullest extent permitted by Applicable Law, we shall not be responsible for any Third Party Provider's conduct, performance or non-performance of its obligations to you, or any damage or loss arising from any delays or inability of any Third Party Provider to provide you with goods and/or services. Your access to and/or use of any services provided by Third Party Providers shall be entirely at your own risk;

(c)           we do not endorse and are not responsible or liable for any content, advertising, products, services or materials made available to you by a Third Party Provider within any NomadX Location or on or through any of the NomadX Applications, including without limitation descriptions or statements about products, product listing, and/or services advertised, offered, or otherwise made available by Third Party Providers;

(d)           we do not make (and we expressly disclaim) all warranties and representations in relation to Third Party Providers and their respective products and/or services (including as to the availability or the timely delivery of goods and/or services provided directly to you by Third Party Providers in any NomadX Location or on or through any of the NomadX Applications). You bear the responsibility of satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of a Third Party Provider's products and/or services before accepting them (if at all) within any NomadX Location or on or through any of the NomadX Applications; and

(e)           we shall not be liable for (nor responsible to resolve) any dispute arising from or relating to the goods and/or services provided by Third Party Providers to you in any NomadX Location or on or through any of the NomadX Applications. You shall and hereby fully release and discharge any member of the Group (and its respective officers, directors, employees and agents) from any and all injury, loss, claims, liabilities, damages and costs suffered by you in connection with any act or omission of any Third Party Provider or the products and/or services provided by it.

3.4          You agree that we shall have the right, in our absolute discretion (regardless whether with or without prior notice, or whether for safety, medical and/or emergency reasons or otherwise), to close (or restrict access to) any part of any NomadX Location, withdraw, add to or modify services or experiences provided at any NomadX Location, or to modify, substitute, postpone, interrupt, or stop any programmes and/or campaigns carried out at any NomadX Location. We do not make any warranties, representations, or assurances to you as to the continuity of any NomadX Experience (including any programmes made available thereunder) notwithstanding any marketing (including advertisements) by us in relation to those programmes (whether on any of the NomadX Applications or otherwise).

4.            RETAIL TRANSACTIONS ON THE MARKETPLACE PLATFORM

4.1          You acknowledge and agree that:

(a)           any and all payments in connection with any Product (including purchases and refunds) shall be made on or through the Marketplace Platform and not by utilising any other point-of-sales system, and you shall not tender payments for any Product or request a Retailer to process any payments or refunds in connection with the Product in any NomadX Location by any other means;

(b)           all Transactions are entered into between you and the relevant Retailer(s) and may be subject to additional terms stated by Retailer on the relevant Product page as well as such standard terms of business as may from time to time be prescribed in relation thereto;

(c)           each Retailer is and remains the seller of the Products, and that we are not party to the Transaction or any agreements that may be entered into between you and Retailer, even if terms may be prescribed by us in respect of any Transaction;

(d)           we neither endorse nor assume any responsibility or liability arising in connection with any Transaction (or Products in respect of which a Transaction is carried out). Save as expressly provided under these Terms, we shall not have any obligation in connection with any Transaction;

(e)           we: (i) shall not be responsible for procuring; (ii) do not warrant; and (iii) do not undertake, that you shall comply or have complied (whether in whole or in part) with the terms and conditions governing any Transaction;

(f)            title to the Products shall remain vested in the relevant Retailer and Retailer shall bear all risk of loss or damage to the Products until the Products are passed on to you in accordance with Clause 4.6;

(g)           we shall not be responsible to any Retailer or any third party for any content provided or generated by you on or through the Marketplace Platform (e.g. customer reviews); and

(h)           each dispute, chargeback, cancellation, refund, and/or return in connection with any Product and/or the Marketplace Platform shall be subject to such additional policies and guidelines as may be prescribed by us from in connection with the same from time to time.

Orders

4.2          You agree and acknowledge that:

(a)           you may only place an Order by completing the form prescribed by us from time to time for submitting Orders via the Marketplace Platform, and you shall not submit Orders in any other manner;

(b)           you shall be solely responsible for ensuring the accuracy of any information you submit on or through the Marketplace Platform when placing an Order;

(c)           each Retailer and/or we shall be entitled (but not obliged) to process any Order which you submit (through the Marketplace Platform) without your further consent and without any further reference and/or notice to you, and any such submitted Order shall be deemed irrevocable, unconditional, and binding on you. Notwithstanding the foregoing, we may, in our sole discretion, accept your request to cancel any Order in accordance with Clause 4.8 below;

(d)           you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of us in submitting any Order and thereby entering into a Transaction with a Retailer;

(e)           each Order for a Product shall constitute an offer by you to purchase the said Product, and be subject to the acceptance of Retailer of that Product. Any Order accepted by that Retailer shall constitute a separate Transaction entered into between you and that Retailer. You confirm, acknowledge and accept that we are not party to any Order or any agreements that may be entered into between you and the relevant Retailer and we are not responsible and have no liability for any act, omission or breach of any obligations on the part of Retailer;

(f)            placing any Order shall be entirely at your own risk, including without limitation as to satisfactory quality and/or performance of Products and/or services received from Retailer(s). You shall be fully responsible for informing and satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of the Products before placing an Order and/or accepting Products (if at all);

(g)           we do not warrant (and we expressly disclaim) any representations and warranties that any Product:

(i)            will substantially perform the functions advertised;

(ii)           will be available and/or accessible, meet performance standards, be uninterrupted or error-free or defects thereof corrected; and/or

(iii)          will meet your requirements;

(h)           notwithstanding anything in these Terms, to the maximum extent permitted by Applicable Law, the Group (and their respective members, officers, employees and agents) hereby expressly exclude:

(i)            all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including (without limitation) warranties of accuracy, reliability, merchantability, satisfaction, quality, fitness for a particular purpose, non-infringement and warranties in connection with any Product; and

(ii)           any and all claims, loss, damage or liability (howsoever arising) relating directly or indirectly to your placing of Order(s), including (without limitation) any loss of data, profits, goodwill, anticipated savings, reputation, business (or business opportunity), and/or any indirect or consequential loss or damage of any kind, regardless of the cause thereof,

even if we or any of the persons or parties identified above have been advised of the possibility thereof; and

(i)            notwithstanding any other provision in these Terms, to the maximum extent permitted under Applicable Law, in no event shall we be liable to you in connection with:

(i)            any loss, damages or expense caused by or attributable in whole or in part to your own act, omission, default or failure to perform your obligations hereunder;

(ii)           any indirect, incidental, consequential, special or exemplary costs, claims, expenses, loss or damages, even if we have been informed of the possibility of such costs, claims, expenses, loss and damage;

(iii)          fines, penalties or other levies or charges imposed by any governmental or regulatory authority;

(iv)          any loss of revenue or business opportunities, lost profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment;

(v)           repair and/or alteration of Products without our prior written consent, including repair and/or alteration of Products by third parties;

(vi)          abnormal working conditions, unsuitable or improper use (including defective installation or improper maintenance);

(vii)         fair wear and tear;

(viii)        wilful damage on your part and/or any third party; and/or

(ix)         negligence on your part and/or any third party

Prices and Payment

4.3          You agree, acknowledge and accept that:

(a)           the price of each Product payable by you shall be the price as listed for that Product (on the listing page for that Product) at the time which you submit the Order for that Product on the Marketplace Platform (hereinafter the "Listed Price");

(b)           in the event of any error(s) in prices, quantities, descriptions and/or specifications relating any listing of a Product, then notwithstanding any Order having been accepted by a Retailer, Retailer shall have the right to terminate the Order without delivering any Product (or part thereof) and process the refund of the purchase price in full, without any further or other liability on the part of Retailer and/or us;

(c)           unless otherwise stated, all prices payable by you for a Product may be subject to additional taxes;

(d)           the Listed Price may be amended from time to time without any reason and/or prior notice given therefor;

(e)           all payments on or through the Marketplace Platform shall be made:

(i)            using only the payment methods prescribed by us from time to time; and

(ii)           unless we expressly specify otherwise, either: (1) to us, accepting payment in our own right; or (2) to a Third Party Provider acting as our agent;

(f)            we shall have the right to collect payments from you on behalf of any Third Party Provider;

(g)           payment methods on the Marketplace Platform are provided to you by Vendors and Clause 3.3 shall apply accordingly. Without limiting the generality of the foregoing:

(i)            these Vendors are independent contractors over whom we have no responsibility, and that to the fullest extent permitted by Applicable Law, we shall not be responsible for any such Vendor's conduct, performance or non-performance of its obligations to you, or any damage or loss arising from any delays or inability of any such Vendor to provide you with goods and/or services in connection with payment methods;

(ii)           your access to and/or use of the payment methods provided on the Marketplace Platform shall be entirely at your own risk;

(iii)          we do not make (and we expressly disclaim) all warranties and representations in relation to any such Vendor and their respective products and/or services in relation to any payment method which they provide on the Marketplace Platform;

(iv)          we shall not be liable for (nor responsible to resolve) any dispute arising from or relating to the goods and/or services provided by such Vendors providing payment methods to you; and

(v)           you shall and hereby fully release and discharge each and every member of the Group (and its respective officers, directors, employees and agents) from any and all injury, loss, claims, liabilities, damages and costs suffered by you in connection with any act or omission of any such Vendor or the products and/or services provided by it in connection with the payment method you have chosen to use on the Marketplace Platform;

(h)           the processing of refunds takes time and we shall process all refunds in accordance with the timelines stated in our Return Policy as may be amended from time to time; and

(i)            we reserve the right to modify the mechanism of processing refunds from time to time without notice to you.

Delivery

4.4          You agree, acknowledge and accept that:

(a)           delivery of each Product shall be carried out via the mode of delivery which you had selected as specified in Order which you have submitted for that Product. The available modes of delivery are as set out in our Shipping Policy (or via such other modes which may be prescribed by us and notified in our Shipping Policy from time to time);

(b)           delivery of a Product shall be made to the address or location which you had specified in your Order, and:

(i)            if you had elected for the Product to be delivered to your specified address, you shall be deemed to have received the Product upon signing the acknowledgement receipt upon delivery. If you do not receive the Product within 7 Business Days from the projected delivery date, you shall inform us immediately, and in any event, no later than 7 Business Days from the projected delivery date, failing which you shall be deemed to have received the Product; and

(ii)           if you had elected for self-collection at a specified location, you shall be deemed to have received the Product 7 Business Days from the date of notification that such Product is ready for collection at the specified location;

(c)           delivery charges which you shall pay in respect of each Product you have Ordered shall be as set out in our Shipping Policy (as may be amended from time to time), and the delivery charge specifically applicable to a Product shall be as indicated on the check-out page prior to conclusion of a Transaction in respect of that Product;

(d)           you may track the status of delivery for Products you have Ordered via the "My Order" page on the Marketplace Platform (or via such other means as we may designate from time to time);

(e)           delivery of each Product is subject to the availability of that Product, and notwithstanding that the stock availability of each Product on the Marketplace Platform may be updated from time to time, you accept the risk that a Product may become unavailable at any time between such updates;

(f)            delivery timeframes stated in our Shipping Policy are general estimates only, and you accept that delays may occur from time to time. If the delivery of a Product which you have Ordered is delayed, we will exercise commercially reasonable endeavours to facilitate the despatch of the Product to you after it becomes available in accordance with timeframes we may prescribe from time to time; and

(g)           without prejudice to any right or remedy available to us, or any standard terms of business of a Third Party Provider, if you fail to accept delivery of the Product or if the Product remains unclaimed at the specified location after the date of deemed receipt, we may permit your Order for that Product to be terminated by Retailer.

4.5          Notwithstanding any other provision in these Terms, to the maximum extent permitted under Applicable Law, in no event shall we be liable to you in connection with any delay in delivery of Product(s) howsoever caused.

4.6          You agree, acknowledge, and accept that:

(a)           risk of damage to or loss of Product shall pass to you at the time of receipt, or deemed receipt determined in accordance with Clause 4.4(b), by you;

(b)           upon such receipt (or deemed receipt, as the case may be), you are solely responsible for any loss or damage to any Product or its packaging;

(c)           notwithstanding any provision in these Terms, property in the Product shall not pass to you until we have received all payment due to us from you in respect of that Product, and until such time when we have received payment due from you:

(i)            you shall hold the Product on trust for us, segregated from other property; and

(ii)           you shall not Encumber the Product and/or permit the Product to become Encumbered.

Returns

4.7          You agree, acknowledge and accept that:

(a)           all returns of Products shall be made and/or processed in accordance with the terms of our Return Policy. We reserve the right to reject (without liability to you) any return which is not carried out in accordance to our Return Policy (as may be amended from time to time);

(b)           you may return a Product only if:

(i)            you have received a Product which is fundamentally different in nature from the Product specified in the Order for that Product;

(ii)           the Product is defective or damaged when originally despatched to you (and not due to any damage or mishandling caused by you); or

(iii)          you have changed your mind,

and the Product is sold on the basis that it may be returned, and in each case always subject to and in accordance with full compliance with our Return Policy (as may be amended from time to time), including without limitation all return authorisation procedures prescribed thereunder; and

(c)           in respect of a Product which have been returned and accepted in accordance with the terms of our Return Policy (hereinafter a "Valid Return"), Retailer may, in its sole discretion, offer you a full refund of the applicable price of the Product. Upon your acceptance of a refund, you shall have no further claims against Retailer and/or us in respect of the Product which was the subject of the Valid Return.

Cancellation

4.8          You may terminate an Order by submitting a request to cancel the Order according to our prescribed mechanism at any time before Retailer notifies you via email (at the email address you had provided in your Order) with the invoice for the Product which indicates that the Product is ready to be shipped. If the Product has been despatched for delivery, you shall not cancel the Order, but may only return the Product in accordance with our Return Policy (as may be amended from time to time).

Contact Us

4.9          If you have any queries or concerns in relation to your Order, you may contact us at custcare@nomadx.sg.

5.            INTELLECTUAL PROPERTY

5.1          You acknowledge that all works, information and materials (including without limitation documents, policies, data, descriptions, names, logos, graphics, images, software, source codes, application programming interfaces, music, audio files or other sounds, photographs, videos, test environments, and images) which we may deploy at or use in relation to any NomadX Location, NomadX Experience, and/or any of the NomadX Applications (or part thereof) and all the intellectual property rights associated therewith (collectively the "NomadX Content") which you may have access to are owned by us or the respective Third Party Providers (as the case may be, and as applicable).

5.2          You agree that you shall not reproduce, distribute, adapt, modify, republish, display, broadcast, hyperlink, frame or transmit in any manner or by any means or store in an information retrieval system, any part(s) of the NomadX Content without the prior written permission of the relevant owner. Any rights not expressly granted herein are expressly withheld.

6.            PERSONAL DATA

6.1          You agree to our collecting, using, disclosing and processing of your Personal Data according to CapitaLand Group's Personal Data Protection Policy available at: <https://www.capitaland.com/international/en/legal-notices/privacy-policy.html> or at such other URLs as may be prescribed by us from time to time.

6.2          Without limiting the generality of the foregoing:

(a)           in addition, you hereby grant to us and to all other persons involved in the provision of Services on or through any of the NomadX Applications and/or the provision of the NomadX Experience your consent for the collection, use, disclosure and processing of your Personal Data by each entity in the Group:

(i)            to provide you with an enhanced experience when visiting each NomadX Location; and/or

(ii)           in connection with your use of any of the NomadX Applications, including without limitation the processing of your Orders on the Marketplace Platform; and

(b)           in addition, you further consent to:

(i)            allowing your likeness to be captured and processed by cameras and systems deployed within any NomadX Location to identify you on your subsequent re-visits and providing you with customised recommendations;

(ii)           your likeness being featured on the social walls or displays utilised in any NomadX Location;

(iii)          the creation or updating of your profile (including a CapitaStar membership profile) and linking your Personal Data (including your name, gender, age and/or mobile phone number with your facial data) to such profile, or linking such Personal Data to any existing profile which you may already have with any entity of the Group;

(iv)          the application of facial recognition and other behavioural analysis technologies for consumer research and identifying products and services that may be relevant to you;

(v)           verification or re-verification of your identity (including by reference to existing customer databases);

(vi)          marketing research conducted by any entity of the Group using your Personal Data so collected, used, stored, and/or processed; and

(vii)         processing your Personal Data for purposes which are reasonably related to any of the purposes stated above, including disclosure to and processing by any entity of the Group and/or Third Party Providers.

6.3          For the avoidance of doubt:

(a)           your likeness, if captured by cameras and systems deployed within any NomadX Location, may be processed by facial recognition and other behavioural analysis technologies to convert such images to a tokenised identifier (the "Tokenised ID"). The Tokenised ID, and not your facial image, may be used, processed and stored by us for the purposes stated above (save for the purpose stated in Clause 6.2(b)(ii)). The Tokenised ID and your Personal Data will not be linked to any profile (including your CapitaStar membership profile) unless you provide consent via any of the NomadX Applications;

(b)           you hereby expressly consent to the collection, use and/or disclosure of your Personal Data (including the transfer, processing, and/or storage of your Personal Data outside of Singapore) for the purposes set out in Clauses 6.2(a)(i), 6.2(a)(ii), as well as 6.2(b)(i) to 6.2(b)(vii) by Third Party Providers involved in the provision of Services on or through any of the NomadX Applications and/or the provision of the NomadX Experience; and

(c)           if, apart from the purposes referenced to in Clause 6.3(b), Personal Data is independently collected, used or disclosed by Third Party Provider(s) (regardless whether involved in the provision of Services on or through any of the NomadX Applications and/or the provision of the NomadX Experience), such Third Party Provider(s) (and not the Group) shall be solely responsible for any such collection, use, disclosure and processing of your Personal Data (including to procure the consent(s) required under Applicable Law), and Clause 3.3(a) shall apply accordingly.

6.4          While we will take reasonable steps to accurately record your Personal Data, we require that you provide accurate and complete Personal Data, and update such Personal Data with us from time to time.

6.5          Any consent which you provide for the collection, use, and disclosure of your Personal Data shall remain valid until such time it is being withdrawn by you in writing. While we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing the NomadX Experience (or any aspect thereof) to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described hereunder.

6.6          If you should choose to cease to use any of the NomadX Applications or cease to participate in any NomadX Experience, you may withdraw your consent to our use and/or processing of your Personal Data for any such purposes as stated herein at any time. For the avoidance of doubt, this will not affect any consents which you have already provided in relation to your Personal Data to any entity comprised in the Group and/or the use of your Personal Data (including without limitation your Singapore telephone number(s)) for receiving marketing or promotional information or other advertising or messages.

·         If you wish to withdraw your consent, or have any questions or complaints relating to your Personal Data, or you would like to obtain access and make corrections to your Personal Data in relation to any of the NomadX Applications or the NomadX Experience, please contact us at custcare@nomadx.sg.

 

·         Similarly, if you wish to withdraw your consent to the use of your Personal Data for receiving marketing or promotional information or other advertising or messages in relation to any of the NomadX Applications or the NomadX Experience, which you had separately provided, please contact us at custcare@nomadx.sg. For the avoidance of doubt, such withdrawal shall not affect any consents you have provided in relation to your Personal Data for the purposes as stated herein.

 

·         If you wish to withdraw your consent to the use of your Personal Data in connection with the CapitaStar Rewards Programme, please contact the CapitaStar team at ask_us@capitastar.com.

 

·         Upon receipt of your written request to withdraw your consent, you may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we will use reasonable endeavours to process all such requests within 10 Business Days for withdrawal requests and 30 days for access and correction requests, and in any event, within the stipulated periods (if any) under all applicable data protection law.

 

6.7          We may retain your Personal Data for as long as it is necessary for the purposes it has been collected, or as required or permitted by Applicable Law. In general, we will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.

7.            DISCLAIMER AND EXCLUSION OF LIABILITY

7.1          Each component or activity comprised in the NomadX Experience (including without limitation any of the Services provided through the Marketplace Platform, the provision of any quick response code in any NomadX Location and on the Products, and/or any Device), is provided to you on an "as-is", "as-available" and "with all faults" basis, and all warranties and representations in relation thereto, whether statutory, express or implied, are hereby expressly disclaimed to the maximum extent permitted by law, including warranties and/or conditions relating to merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

7.2          Without prejudice to the generality of the foregoing, you acknowledge and agree that the access to and participation in any aspect of any NomadX Experience (including any of the NomadX Applications, any NomadX Location, and/or any Services in connection thereto) shall be entirely at your own risk, including as to satisfactory quality, performance, accuracy and effort. We do not warrant (and we expressly disclaim) any representations and warranties that the NomadX Experience (or any of the NomadX Applications):

(a)           will substantially perform the functions advertised;

(b)           will be available and/or accessible, meet performance standards, be uninterrupted or error-free or defects thereof corrected; and/or

(c)           will meet your requirements.

7.3          Notwithstanding anything in these Terms, to the maximum extent permitted by Applicable Law, the Group (and their respective members, officers, employees and agents) hereby expressly exclude:

(a)           all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including (without limitation) warranties of accuracy, reliability, merchantability, satisfaction, quality, fitness for a particular purpose, non-infringement and warranties relating to any Product, NomadX Experience, and that any of the NomadX Applications is free from malware, viruses or other potentially harmful attributes or malicious code; and

(b)           any and all claims, loss, damage or liability (howsoever arising) relating directly or indirectly to your access and/or participation in any aspect of the NomadX Experience (including any Device, any of the NomadX Applications, any NomadX Location, and/or any Services in connection thereto), including (without limitation) any loss of data, profits, goodwill, anticipated savings, reputation, business (or business opportunity), and/or any indirect or consequential loss or damage of any kind, regardless of the cause thereof, and even if we have been advised of the possibility thereof.

7.4          Notwithstanding anything in these Terms, to the maximum extent permitted by law, you hereby agree and acknowledge that no claim shall lie against us in respect of any loss recoverable or recovered by you from any third party (including without limitation any Third Party Provider).

8.            INDEMNITY

8.1          You agree to fully indemnify and hold harmless the Group as well as their respective officers, directors, employees and agents (collectively, the "Indemnitees") from and against all claims, demands, losses, damages, costs, or liabilities (including reasonable legal fees) which any or all Indemnitees may suffer in connection with or arising from your breach of any of these Terms and/or your access to or participation in any aspect of the NomadX Experience (including any of the NomadX Applications, any NomadX Location, and/or any Services in connection thereto). This Clause shall survive and such indemnity shall apply notwithstanding the termination (howsoever caused) of: (a) your access to and/or use of any NomadX Location; and/or (b) your access to and/or use of the NomadX Applications.

9.            GENERAL

9.1          You acknowledge and agree that:

(a)           you have not relied upon any representation, warranty or undertaking of us which is not expressly set out in these Terms;

(b)           save for any entity comprised in the Group, no other person shall have any right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Cap 53B) to enforce any of these Terms;

(c)           if any provision of these Terms is found by a competent court to be invalid, illegal or unenforceable for any reason, you agree that any remaining portion of that provision, and all other provisions of these Terms, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the parties' intentions;

(d)           the illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision;

(e)           you may not assign or transfer all or part of your rights and obligations under these Terms;

(f)            any failure or delay by us to enforce or exercise any of these Terms or any right or remedy under these Terms shall not operate as a waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy by us. Our rights and remedies provided in these Terms are cumulative and are not exclusive of any rights or remedies provided at law or in equity;

(g)           save as otherwise specifically provided in these Terms, we shall not be liable for failures and delays in performing our obligations hereunder arising from any cause beyond our reasonable control, including (without limitation) Acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us;

(h)           we are independent contractors and we shall not be deemed to be your partner or joint venture or employee nor are we entitled to act as your agent, and/or vice versa; and

(i)            these Terms shall be governed by and construed in accordance with the laws of Singapore. You irrevocably agree to submit any dispute arising out of, in connection with, or in relation to these Terms to the exclusive jurisdiction of the courts of Singapore.

10.          DEFINITIONS AND INTERPRETATION

10.1       In these Terms, the definition of capitalised terms shall be as set out below, except where the context otherwise requires:

"Applicable Law"

means any Applicable Law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other instrument, including any subsidiary legislation, regulations and any codes of practice, standards of performance, advisories, guidelines, frameworks, or written directions issued thereunder, in each case as amended, consolidated, re-enacted or replaced from time to time;

 

"Business Day"

means a day (other than a Saturday, Sunday or gazetted public holiday in Singapore) on which commercial banks are open for business in Singapore;

 

"Claim"

means any action, application, claim, demand, proceeding, threat or any other analogous claims;

 

"Device"

has the meaning set out in Clause 2.5(c);

"Encumber"

 

in relation to a Product, means to create an Encumbrance over the Product, and "Encumbered" shall be construed accordingly;

 

"Encumbrance"

 

means any mortgage, assignment of receivables, debenture, lien, hypothecation, charge, pledge, right to acquire, security interest, option, pre-emptive or other similar right, right of first refusal, restriction, third party right or interest, any other encumbrance, condition or security interest whatsoever or any other type of preferential arrangement (including without limitation, a title transfer or retention arrangement) having similar effect;

 

"Game Application"

the game application available for customers of NomadX to access at or near the entrance of any NomadX Location, together with all its software and hardware components;

 

"Group"

means CapitaLand Limited and/or its related corporations and affiliates;

 

"Indemnitees"

has the meaning set out in Clause 8.1;

"Losses"

means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), penalties, fines, charges, fees, expenses, or any indirect, incidental, consequential, special or exemplary costs, expenses, damages, Claims and other liabilities, whether foreseeable or not;

 

"Marketplace Platform"

means NomadX.sg, the online marketplace portal accessible at <https://nomadx.sg (or accessible via such other website as may be designated by us from time to time) which inter alia allows authorised retailers to retail products and/or services to visitors;

 

"NomadX Applications"

means:

 

(a)           the Game Application; and

(b)           the Marketplace Platform;

"NomadX Content"

has the meaning set out in Clause 5.1;

"NomadX Experience"

 

has the meaning set out in Clause 1.1;

"NomadX Location"

has the meaning set out in Clause 1.1;

"Order"

means an order for a Product placed on or through the Marketplace Platform, and "Ordered" shall be construed accordingly;

 

"Personal Data"

has the meaning set out in the Personal Data Protection Act 2012 of Singapore;

 

"Product"

means the product or service which a Retailer retails on or through the Marketplace Platform and/or at the NomadX Location;

 

"Retailers"

has the meaning set out in Clause 1.1, and "Retailer" shall be construed accordingly;

 

"Return Policy"

means the policy available at <https://nomadx.sg/shipping-returns>;

"Services"

means the services provided or made available to you in connection with your NomadX Experience or on or through any of the NomadX Applications;

 

"Shipping Policy"

means the policy available at <https://nomadx.sg/shipping-returns>;

"Third Party Content"

has the meaning set out in Clause 2.4;

"Third Party Provider"

has the meaning set out in Clause 3.3;

"Tokenised ID"

has the meaning set out in Clause 6.3(a);

"Transactions"

means any transaction (including agreements in connection thereto) entered between a Retailer and you on or through the Marketplace Platform in respect of a Product, and shall include without limitation the retail of a Product to you and/or the purchase of a Product by you;

 

"Valid Return"

has the meaning set out in Clause 4.7(c); and

"Vendors"

has the meaning set out in Clause 1.1.

 

10.2       Unless the context otherwise requires:

(a)           words importing the singular shall also include the plural and vice versa;

(b)           words denoting the masculine gender include the feminine gender and both shall include the neuter gender;

(c)           the term "person" shall include any individual, company, or association or body of persons, regardless whether corporate or incorporate; and

(d)           the expression "retail" shall include to market, promote, offer for sale and/or sell.

10.3       The headings in these Terms are inserted for ease of reference only and shall not affect the construction of these Terms.

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