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Terms Of Use

Overview

1.  This website is operated by Yak Pte Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Yak Pte Ltd. Yak Pte Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

2. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/ or contributors of content.

3. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

4. Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

1. By agreeing to these Terms of Service, you represent that you are or are at least the age of majority in

Singapore and you have given us your consent to allow any of your minor dependants to use this site.

 

2. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3. You must not transmit any worms or viruses or any code of a destructive nature.

4. A breach or violation of any of the Terms will result in an immediate termination of our Services.

Section 2 - General Conditions

1. We reserve the right to refuse service to anyone for any reason at any time.

2. You understand that your content (not including credit card information), may be transferred unencrypted and be:

 

a) Transmitted over various networks; and

b) Changed to conform and adapt to technical requirements of connecting networks or devices.

3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

1. We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications To The Service and Prices

1. Prices for our products are subject to change without notice.

2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

3. We shall not be liable to you or to any third-party for any modification, price change, suspension or

discontinuance of the Service.

Section 5 - Products or Services

1. Certain products or services may be available exclusively online through the website.

2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person,

geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

3. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

4. Orders for products or services offered through the website will be confirmed only once payment has been made. We reserve the right to confirm that payment has been made before processing orders. If we discover an error in the price or payment of any goods that you have ordered, we will inform you of this as soon as possible and give you the options of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

Section 6 - Accuracy of Billing and Account Information

1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

 

2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 - Third-Party Links

1. Certain content, products and services available via our Service may include materials from third-parties.

2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.

3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the thirdparty's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

Section 8 - User Comments, Feedback and Other Submissions

1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

a) Maintain any comments in confidence;

b) Pay compensation for any comments; or

c) Respond to any comments.

2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or  otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 - Personal Information

1 Your submission of personal information through the store is governed by our Privacy Policy, which can be found on our website at www.yak.asia.

Section 10 - Prohibited Uses

1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

a) For any unlawful purpose;

 

b) To solicit others to perform or participate in any unlawful acts;

c) To violate any international or local laws;

d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender,

sexual orientation, religion, ethnicity, race, age, national origin or disability;

f) To submit false or misleading information;

g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way

that will affect the functionality or operation of the Service or of any related website, other websites

or the Internet;

h) To collect or track the personal information of others;

i) To spam, phish, pharm, pretext, spider, crawl or scrape;

j) For any obscene or immoral purpose; or

k) To interfere with or circumvent the security features of the Service or any related website, other

websites or the Internet. We reserve the right to terminate your use of the Service or any related website for conducting any of the prohibited uses.

Section 11 - Disclaimer of Warranties; Limitation of Liability

2. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

3. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

4. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. No assurance is given that items featured on this website are available now or in the future.

5. We will make every reasonable effort to execute the delivery request according to our delivery schedules prevailing from time to time, but these schedules are not binding and do not form part of the contract. We are not liable for any damages or loss caused by delays.

6. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

7. In no case shall Yak Pte Ltd, our directors, officers, employees, affiliates, agents, contractors, interns,

suppliers, service providers or licensors be liable for any damage, loss or liability of any kind (whether actual, anticipated, consequential, special, economic or otherwise) caused as a (direct or indirect) result of the use of, or inability to access or use, this site, or arising from your use of any of the Services or any products procured using the Services on the site, including but not limited to any damage, loss or liability suffered as a result of reliance on the contents on this site.Our liability shall be limited to the maximum extent permitted by law.

Section 12 - Indemnification

1. You agree to indemnify, defend and hold harmless Yak Pte Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 13 - Severability

1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 - Termination

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

3. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. If so, you will remain liable for all amounts due up to and including the date of termination. Further or in the alternative, we may accordingly deny you access to our Services (or any part thereof).

Section 15 - Entire Agreement

1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Section 16 - Governing Law

1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Singapore.

Section 17 - Changes to Terms of Service

1. You can review the most current version of the Terms of Service at any time at our website.

2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service, following the posting of any changes to these Terms of Service, constitutes acceptance of those changes.

Section 18 - Requirements For Payment Gateway Providers

1. Our company's legal entity name is Yak Pte Ltd.

2. We sell eyeglasses-related goods and services online, such as eyeglass frames, prescription and plano eyeglass lenses, and provide the related optical services such as eye-checks offline.

3. Payments happen when a user clicks on the eyeglasses or product(s) that he/she likes, adds it to cart, and checkout the eyeglasses or product(s). This is a one-time purchase without subscription.

4. Delivery is done through the user presenting him(her)self at our physical store.

5. As products are made-to-order and services are to be consumed, we do not explicitly allow for refunds or exchanges, although as a responsible business we do look at requests on a case-by-case basis.

6. We provide the goods and services, through the use supporting third parties' products such as Wordpress, Woocommerce, other plugins, banks, landlords, suppliers, logistics companies, and so on.

7. We operate in Singapore and are governed by the laws of Singapore.

Effective date : 29 September 2021

Last updated : 07 October 2021

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