Effective Date: 31st July 2020
The Terms and Conditions defined here are offered to you by Mamushi Pte. Ltd. (“Mamushi”, “we”, “our” or “us”), whose principal place of business is at 68 Circular Road, #02-01, Singapore 049422 and govern all offers, sales and purchases of any products (including hardware and software) and/or services offered by Mamushi (collectively to be referred to as “Products”) through the online store at mamushi.io (“Mamushi Mobile”).
By making an offer to purchase any Product, you accept and agree to these Terms and Conditions and any amendments to these Terms and Conditions from time to time. If you do not accept and agree to the Terms and Conditions, you should immediately cancel any offer to purchase the Products. Nothing in these Terms and Conditions shall prejudice or limit rights granted by applicable mandatory laws.
Product descriptions and support
We attempt to be as accurate as possible in the descriptions of our Products and support services. However, we do not warrant that any Product and/or support descriptions or other content on Mamushi Mobile is accurate, complete, reliable, current, or error-free. If you purchase a Product through Mamushi Mobile and you believe it is not as described, or you believe you have not received support for your Product as detailed, you may contact us via our secure form.
Placing an order
You may place an order (“Order”) by completing the requisite forms on Mamushi Mobile. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. All Orders are final, non-cancellable and non-refundable.
Any prices and descriptions on Mamushi Mobile are subject to availability, do not constitute an offer to purchase a Product and may be revised by us at any time. Accordingly, all Orders shall be subject to our acceptance and each Order is accepted by us when we accept your payment and dispatch your Order (such acceptance to be referred to as “Acceptance”). Prior to the Acceptance, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly, we shall not be liable for any loss, liability or damage which may be incurred as a result. You acknowledge and agree that any automatic email acknowledgement of your Order does not constitute an Acceptance of your Order. For the avoidance of doubt, we reserve the right to: (i) decline to process or accept any Order received from or through Mamushi Mobile at our absolute discretion; and (ii) prohibit the re-sale of certain Products that are identified as “not for resale” at the time you place an Order.
Price and terms of payment
You acknowledge and agree that in the event there is any price discrepancy for the Products, the authoritative price is the price notified to you on our Acceptance.
By providing a credit card or other payment method accepted by Mamushi, you represent and warrant that you are authorised to use the designated payment method, and you authorise us (or our third-party payment processors Stripe and HitPay) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
We reserve the right, at any time before our Acceptance, to notify you of: (i) any revision in the prices of the Products to factor in any changes to the cost of the Products. Such changes include without limitation changes to the tax rate or levy and any variation in the applicable exchange rates; and/or (ii) any changes to the description of the Products. If you choose to continue with the fulfillment of your Order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description.
The countries in which we can deliver the Products are set out on Mamushi Mobile. We reserve the right to amend this list of countries at any time and shall not be liable to you for any such amendment to the list of countries or the imposition of any new condition in relation to any country.
Unless stated otherwise, all prices of the Products set out on Mamushi Mobile shall be exclusive of: (i) any shipping cost (unless you qualify for free shipping based on the terms set out on Mamushi Mobile); (ii) any sales tax or duty, customs charge (including but not limited to customs charges), import duty and tax (where applicable); and (iii) Cross Border Fees (collectively, the “Additional Cost”). Such Additional Cost shall be borne by you. Information about shipping charges will be presented at checkout before you place your order.
Payment in full must be made before our Acceptance using the payment methods as provided for on Mamushi Mobile. We will charge credit and debit cards, await clearance of bank transfers or sufficient numbers of confirmations in Bitcoin and Monero before dispatch of the Products or the commencement of any services.
You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We shall not be liable for any billing errors unless you advise us of such billing error within fourteen (14) working days from the date of Acceptance. In the event such billing error is attributable solely to us, we will cancel your Order and/or refund any prior payment that you have made for that Product. We will also allow a re-order of that Product.
Delivery, risk and liability
Any delivery time lines stated on Mamushi Mobile are for indicative purposes only. We will endeavor to keep within such time lines but we shall not be liable to you in respect of any delay.
Subject to our Acceptance, we will deliver the Products to the address submitted by you. If you change your address after submitting an Order, we reserve the right to charge you for any additional cost incurred by us as a result of such change. We also reserve the right to cancel your Order if: (i) the address submitted by you is that of a freight forwarder or a forwarding agent; (ii) you place an unusually large Order; or (iii) there is a high volume (beyond the usual amounts) of Products sent to the shipping address specified by you.
Notwithstanding anything to the contrary, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery; or (ii) when placed in your possession or that of any carrier provided by you.
You are not entitled to, in whole or in part, reject any Products or fail to take delivery of any Products unless: (i) it is expressly provided for in these Terms and Conditions or any applicable law that cannot be excluded or limited; (ii) the Products are damaged or lost in transit (where the Products are carried by our own carrier) and provided you notify us within the time lines stipulated in the Terms and Conditions.
Save as set out above, if you reject or fail to take delivery of such Products, any risk of loss or damage to the Products shall nonetheless pass to you. Further, without prejudice to any other rights or remedies available to us, we reserve the right to: (i) effect delivery by any means we consider appropriate (at your cost); and/or (ii) charge you for any costs incurred as a result of your rejection or failure to take delivery, including without limitation any storage cost.
In the event of: (i) any short delivery; (ii) failure to deliver; or (iii) any defect or damage to a Product, we may, in our sole discretion: (a) deliver the Products pursuant to any short delivery or failure to deliver; (b) replace or repair the Products in accordance with our Terms and Conditions; and/or (c) refund the price paid for any damaged or defective Product. We shall not be liable for damages or losses arising from: (i) any use that is inconsistent with our specifications or instructions; (ii) use of the Products with other defective or unsuitable equipment or software; or (iii) your negligence.
All software (including pre-loaded software contained in hardware) is provided subject to such software’s end user license agreement. You agree that you shall be bound to such end user license agreement.
Limitation of liability
IN NO EVENT SHALL MAMUSHI, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF MAMUSHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAMUSHI’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.
Licenses and export laws
You are responsible for obtaining (at your own expense) any license or consent from any government authority (or any other authority) that is required for the purchase, transport or use of the Products. You agree to provide evidence of such license or consent upon our request.
Governing law and jurisdiction
You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms and Conditions and any dispute that might arise between you and Mamushi in relation to your use of Mamushi Mobile and these Terms and Conditions.
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Events Beyond Reasonable Control
Mamushi shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of Mamushi being prevented, hindered or delayed in the performance by circumstances beyond Mamushi’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event Mamushi may elect to cancel your order and refund any payments made.
You acknowledge that these Terms and Conditions supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between Mamushi and you with regards to your ability to purchase goods or services from Mamushi Mobile. These Terms and Conditions prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.