Terms of Use

The following are terms of a legal agreement between you ("you" or "your") and Nestia Pte Ltd ("we", “us”, “our” or "Nestia").

1. ACCEPTANCE OF TERMS OF USE

1.1. By using and accessing our websites and/or mobile applications (“Platform”), you agree to follow and be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, you must not use our Platform.

1.2. We may amend these Terms of Use at any time without notice to you. The revised Terms of Use will take effect when posted. You agree to review the revised Terms of Use so that you are aware of any changes or modifications. Your continuous use of our Platform will constitute your acceptance and agreement to the revised Terms of Use.

2. USING OUR PLATFORM

2.1. You must satisfy the following conditions to use our Platform and/or to register for an account on our Platform (“Account”) with us:

  • if you are using our Platform on behalf of another party, you must have authority to bind such party and accept these Terms of Use on their behalf; and

  • if you are an individual using our Platform for your own purposes, you must be at least 18 years of age and capable under applicable law to accept these Terms of Use.

2.2. We grant you a personal, revocable, non-exclusive, non-transferable, limited right and license to use our Platform, subject to your compliance with these Terms of Use.

2.3. We reserve the right to change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of our Platform at any time with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Platform or any portion thereof.

2.4. Our Platform and its functionalities are provided for your personal use. In using our Platform, you shall not:

  • if you have an Account, transfer or share your Account or password with anyone;

  • copy, sublicence, sell, resell, publish, distribute, transmit, broadcast, circulate or otherwise exploit, transfer or make available our Platform and Intellectual Property (defined below) to any other third party, including posting material found on our Platform to other websites, forums, newsgroups, or mailing lists;

  • modify, edit, copy, reproduce, create, attempt derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon our Platform;

  • reverse engineer or access our Platform in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of our Platform; or (iii) copy any ideas, features, functions or graphics of our Platform;

  • delete, alter or obscure the copyright and other proprietary rights notices on our Platform;

  • violate any applicable laws, rules or regulations in connection with your access or use of our Platform;

  • cause nuisance, annoyance, inconvenience or property damage to our users or any other party;

  • use our Platform for any purpose for which it was not designed or intended;

  • launch an automated program, script, malicious program or any program which may make multiple server requests per second, or scrape, unduly burden or hinder the operation and/or performance of our Platform; or

  • authorize or encourage any third party to do any of the foregoing.

2.5. You grant to us a non-exclusive, non-transferable, revocable, royalty-free, worldwide licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any content which you upload to, transmit via, share, post, publish, or otherwise make available ("Share") on our Platform, in any and all media or distribution methods, for the operation of our Platform and in all our advertising and promotional activities and materials for our Platform. You represent and warrant that the content that you have provided to us are true, accurate, complete, and current and you undertake that:

  • you have the right to Share your content on our Platform and you have the right to grant to Nestia the said licenses and rights;

  • none of such content violates or infringes another party’s intellectual property or privacy rights; and

  • you will maintain and promptly update your content and ensure that such content is kept true, accurate, complete, and current.

2.6. We have the right, in our absolute discretion and without notice to you, to suspend or terminate your Account, or delete any content that you have provided on our Platform, without assigning any reason.

3. OUR INTELLECTUAL PROPERTY

You acknowledge and agree that our Platform and all copyright, patents, trade marks, trade names, trade secrets, computer software (including source codes), proprietary materials and all other intellectual property (“Intellectual Property”) rights associated therewith belong to us and/or our licensors. You are not granted any rights in and to our Platform or Intellectual Property not expressly granted in these Terms and such rights are hereby reserved and retained by us.

4. DISCLAIMER OF WARRANTIES

4.1. Your use of our Platform is at your sole risk. All conditions, representations and warranties, whether express, implied, statutory or otherwise are excluded and disclaimed to the fullest extent permitted by law. We make no warranties of any kind, whether express or implied that:

  • our Platform will be uninterrupted, timely, secure and error-free or operate in combination with any other hardware, software, system or data;

  • any results that are obtained from the use of our Platform will be accurate, reliable, or appropriate;

  • the quality of any services, information or other material purchased or obtained by you through our Platform will meet your expectations;

  • our Platform will meet your requirements or expectations; or

  • our Platform or our servers are free of viruses or other harmful components.

4.2. We do not monitor or review every posting, communication, review, or any other content made available by you or others on our Platform. We may, at our sole discretion, remove such content. You acknowledge that we are under no obligation to remove or edit any such content. You agree that we are not liable or responsible for any such content.

5. TRANSACTIONS

5.1. The following applies only to products, services and property which are offered/sold by Nestia (if any) on the Platform:

  • while we endeavour to provide accurate descriptions of products, services or properties sold by Nestia (if any) on our Platform, we do not warrant that such descriptions are accurate, current or free from error;

  • all listing prices are subject to taxes, unless stated otherwise. We reserve the right to amend the listing prices at any time without giving any reason or prior notice;

  • Nestia shall be entitled to cancel or terminate our obligations to fulfill any order, for any reason whatsoever, even after an order is confirmed by, and paid for by you, with or without notice. Nestia shall not be liable to any party for such termination or cancellation; and

  • Nestia is not under any obligation to entertain any cancellation request once an order is confirmed by, and paid by you. Unless otherwise stated, all sales are non-exchangeable and non-refundable.

5.2. You are responsible for all transactions made through your Account, whether without or without your authority, knowledge or consent, and you may not claim against us in connection with any such use or purported use of your Account for any transaction.

5.3. You acknowledge that parties other that Nestia may list, provide and/or sell products, services or property on our Platform. Whether a particular product, service or property is listed on our Platform by Nestia or a third party vendor may or may not be stated on our Platform. For the avoidance of doubt, you acknowledge and agree that your purchase of any products, services or property via our Platform from a third party vendor and/or any application which you make via our Platform for credit card services offered by a third party vendor, creates a direct relationship between you and that third party vendor. In this respect, we are not responsible or liable for the actions or inactions of a third party vendor in relation to you and vice versa, or for any products, services or property which you purchase from such third party vendors and/or the credit card services which you have applied to obtain from such third party vendors. You will resolve any dispute directly with such third party vendors. If the dispute is notified to us, we will attempt in good faith to facilitate resolution of the dispute but we are under no obligation to resolve the same.

6. PAYMENTS

6.1. You may make payments on our Platform using any of the following payment methods:

  • Major credit cards and debit cards (such as Visa, MasterCard, and UnionPay).

  • WeChat pay, Alipay.

  • Any other payment method which we make available on our Platform from time to time.

6.2. The availability of the payment methods may vary depending on the country where your payment account is located. We will display the available payment methods to you on the checkout page before you confirm your purchase or order on our Platform. We reserve the right to discontinue or suspend any payment method on our Platform without giving notice to you.

6.3. Your payment will only be processed upon confirmation of your purchase, order and/or application (“Purchase”) by us or the relevant third party vendor. If you are making payment to a third party vendor, you acknowledge that we are authorised to collect such payment on behalf of the third party vendor.

6.4. If you fail to make payment or if your payment is unsuccessful for any reason, we have the right to suspend your Purchase until payment is made or to cancel your Purchase altogether. We will notify you of any such suspension or cancellation of your Purchase.

6.5. We use third-party payment processors (“Payment Processors”) to facilitate payments on our Platform. The processing of payments will be subject to the terms & conditions and privacy policy of the Payment Processor in addition to these Terms of Use, and you agree that you are subject to such terms & conditions and privacy policy. While we will use all reasonable endeavours to secure the transmission of information to the Payment Processors, we are not responsible for any errors by the Payment Processor. You shall settle any claim against or dispute with any Payment Processor directly with the Payment Processor and not with us.

6.6. Any refund of payment for a Purchase will be made through the payment method used for the payment. In making such refund, we shall have the right to deduct or withhold from the amount to be refunded to you any fees and costs due to us and/or the Payment Processor.

7. LIMITATION OF LIABILITY

7.1. We shall not be liable to you for any and all damages of any kind, directly or indirectly, arising out of or in relation to using our Platform, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses or any consequential losses.

7.2. Without limiting the generality of the foregoing, our maximum liability for all claims of every kind arising out of these Terms of Use will not exceed SGD 1.00.

7.3. Notwithstanding the above, nothing in these Terms of Use shall apply to exclude or limit any of our liability (in connection with the Platform) for death or personal injury caused by our negligence, or for our fraudulent actions.

8. INDEMNIFICATION

You agree to indemnify, defend and hold us (and our officers, employees, shareholders and representatives) harmless from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with:

  • your access and use of our Platform;

  • your use of your Account other than in accordance with these Terms of Use;

  • your dealings with any third party via our Platform;

  • your breach of these Terms of Use;

  • your violation of any applicable law;

  • your negligence or wilful misconduct; or

  • your violation of the rights of a third party, including the infringement by you of any intellectual property or proprietary rights of any third party.

9. PRIVACY POLICY

Our Privacy Policy explains how we treat personal data which you provide in your use of our Platform. Our Privacy Policy is deemed incorporated into these Terms of Use by reference in this Clause. By using our Platform, you agree that we may collect, use, process and disclose such personal data in accordance with our Privacy Policy.

10. GENERAL

10.1. If any of these Terms of Use is found to be unlawful, void, or unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.

10.2. Our failure to exercise a right or require performance of an obligation in these Terms of Use shall not affect our ability to exercise such right or require such performance at any time thereafter.

10.3. You shall not transfer, assign or delegate any of your rights or obligations in these Terms of Use without our prior written consent. You agree that we may transfer, assign and/or delegate any or all of our rights and obligations in these Terms of Use without consent to any affiliate or to an acquirer of all or substantially all of our business, equity or assets.

10.4. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore.

Last Modified: June 18, 2019