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READ BEFORE USING. This document (“T&C”) represents an agreement between you and Yunjing Intelligence Technology (Dongguan) Co. Ltd. (“Narwal”): by using the website at [www.narwal.net.au] (“Website”), you represent that you are AT LEAST 18 YEARS OLD or the equivalent age as specified by law in your jurisdiction, located in Australia, and have the capacity and right to agree to, and you do agree to, the terms and conditions herein. IF YOU DO NOT UNDERSTAND OR AGREE TO ONE OR MORE OF THE TERMS OR CONDITIONS, YOU SHOULD NOT USE THE WEBSITE. The T&C grants you certain rights and imposes on you certain obligations; your rights and obligations may be subject to applicable laws and thus vary from jurisdiction to jurisdiction, e.g., certain disclaimers or certain limitations of liability under the T&C may to a certain extent be prohibited by certain applicable laws and therefore will not apply to the extent prohibited. If you have any questions about the T&C or your rights and obligations in connection with the website, please contact us at legal@narwal.net.au.
You agree (i) that you may not amend the T&C except to the extent the amendment is in writing and signed by Narwal and (ii) that Narwal may at its discretion and from time to time amend the T&C, such amendment being valid and effective as between you and Narwal from the time it is posted on the Website as long as you use the website. You should visit this page from time to time to review the then-current T&C. For the avoidance of doubt, YOUR CONTINUED USE OF THE WEBSITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE OF ANY AND ALL AMENDMENTS.
1. Use of Website Materials
The Website (including all code, design, text, graphics, content visual material, and all information and other material incorporated into the Website (collectively, “Materials”)), is subject to worldwide copyright, trademark, and other laws and treaties. Narwal and/or other parties have various copyrights in Materials and own various trademarks, trade names, and service marks in Materials (whether or not registered and whether or not marked by “©”, “®”, “TM”, or otherwise), and except as expressly provided herein or another duly executed agreement with you, do not grant any right or license (whether by implication, estoppel, or otherwise) to you under any patents, design patents, trademarks, trade names, service marks, copyrights, trade secret information, or other intellectual property rights.
Narwal authorizes you to view and download copies of the Materials only for your personal, non-commercial use, subject to the following conditions: (i) you agree not to obtain or attempt to obtain any Materials through any means not purposefully made available through the Website (including by using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or similar manual process), (ii) you agree to retain, on all copies of Materials downloaded, all copyright and other proprietary notices contained in the Materials; (iii) you agree to not modify Materials in any way or reproduce (including by way of “mirroring” on another server) or publicly display, distribute, or otherwise use Materials for any public or commercial purpose; (iv) you agree to not transfer any Materials to any person (including natural and corporate persons) unless you give each such person notice of, and each such person agrees to accept, the T&C. The authorization automatically terminates upon any breach by you of any part or the T&C and Narwal reserves the right to, at any time and for any reason, change, suspend, or terminate access to and use of the Website (including any account on or associated with the Website).
2. Accuracy of Website Materials
Narwal does not guarantee that the Materials will not contain errors, inaccuracies, or omissions, and reserves the right to, at its discretion and without prior notice, make changes to correct or update the Materials and refuse or cancel any orders containing any error, inaccuracy, or omission, regardless of the status of the order or payment. For example, products shown on the Website may not be available for sale, may have different attributes than those listed, including with respect to price.
3. Links to and from Website
Narwal does not make any representations or warranties with respect to any website you may access through the Website. Irrespective of any link included on the Website, any such other website is independent from Narwal, and Narwal has no control over, or responsibility with respect to, the materials provided or activities undertaken on any such website. If you decide to access any other website through the Website, you do so entirely at your own risk, and subject to any terms and conditions of such other website, which may be different from the T&C.
You agree to not create or maintain any link from another website to any page of the Website, and to not run or display any part of the Website in frames or through similar means on another website, without our prior written permission from Narwal. You further agree to comply with all applicable law in connection with any actions permitted according to the preceding sentence.
4. Content from You
You agree that, for any and all content (including but not limited to text, images, and sounds), as well as the know-how, techniques, and other ideas underlying the content, that you transmit in any way to or through the Website (“User Content”):
(i) Such User Content will not be unlawful, threatening, defamatory, invasive of privacy, libelous, obscene, pornographic, profane, infringing of intellectual property rights, or constitutive of or encouraging of conduct that would be considered a criminal offense or give rise to civil liability or that would otherwise violate any law.
(ii) Such User Content will not constitute commercial solicitation, political campaigning, or advertising or promotion, or any other form of unauthorized solicitation.
(iii) Such User Content will not contain software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, circumvent or otherwise interfere with the proper functioning of the Website or any software or hardware.
(iv) Such User Content will not provide, without proper authorization, any non-public information about Narwal or any of its affiliates or any other company or person.
(v) You will not impersonate any person or entity, including but not limited to an employee of Narwal or any of its affiliates, or otherwise misrepresent the origin of such User Content.
(vi) You will not probe, scan, or test the vulnerability, or breach the security or authentication measures, of the Website or any network connected to the Website, nor reverse look-up or trace any information of any other visitor or user of the Website.
(vii) You own or otherwise control all the rights to User Content and have the capacity and authority to freely transfer all such rights to the extent permitted by applicable law.
(viii) Such content will be Narwal's property and Narwal may copy, incorporate, modify, display, publish, redistribute, license, and sublicense, as well as otherwise use such User Content, for any purpose (including but not limited to commercial as well as non-commercial purposes), in any way, and at any time (including but not limited to after the termination of the T&C), subject to Narwal's Privacy Policy and applicable law, and you waive (i) any right to confidentiality or other protections to such User Content and (ii) any right to any fee, compensation, reimbursement or other remuneration for the User Content and/or any use thereof by Narwal. To the extent applicable law limits any of the above with respect to such User Content, you hereby grant Narwal a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You hereby waive all “moral rights” in all such User Content. You also hereby waive all rights to make any claims against Narwal and/or its affiliates relating to unsolicited submissions, including but not limited to claims based on unfair competition, breach of implied contract, or breach of confidentiality. Narwal does not waive any right to use your idea, similar ideas, or related ideas previously known to Narwal, independently developed by Narwal, or obtained from other sources.
(ix) Narwal may, but is not obligated to, monitor User Content and, in addition to any remedies that Narwal may have at law or in equity, if Narwal determines, in its sole discretion, that any of your representations or agreements in this section 4 are in breach, Narwal may take any action Narwal deems necessary to cure or prevent the violation, including but not limited to immediately removing any User Content from the Website.
(x) In any event Narwal believes it necessary to comply with applicable law, to protect the rights and interests of Narwal, any of its affiliates, or any of Narwal's or any of its affiliates' employees, to protect Narwal's users from fraudulent, abusive, or unlawful conduct, or to respond to or prevent an emergency involving immediate danger of death or serious physical injury to any person, Narwal may release any User Content to any government authorities, courts, and/or other appropriate third parties.
(xi) You will indemnify, hold harmless, and defend Narwal and its affiliates for any claims, damages, and other losses (including but not limited to goodwill and including but not limited to fees of arbitration institutions, arbitrators, courts, attorneys, accountant, and other third parties) suffered by Narwal or any of its affiliates as a result of any breach of any of your representations and agreements in this section 4.
(xii) NARWAL HAS NO OBLIGATION TO REVIEW, DISPLAY, RESPOND TO, USE, OR RETURN ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY.
5. No Warranty for Website
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARWAL PROVIDES THE WEBSITE (INCLUDING BUT NOT LIMITED TO MATERIALS AND ANY USER CONTENT) “AS-IS” AND, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS ANY WARRANTY ARISING OUT OF ANY INFORMATION, ADVICE, PROPOSAL, SPECIFICATION, OR SAMPLE PROVIDED BY NARWAL OR ANY OF THE ABOVE-MENTIONED PARTIES. NARWAL DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO MATERIALS OR ANY USER CONTENT) NOR THAT THE WEBSITE (INCLUDING BUT NOT LIMITED TO MATERIALS OR ANY USER CONTENT), OR ANY PART THEREOF OR ANY USE THEREOF, WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE (INCLUDING WITHOUT LIMITATION FROM DATA INTRUSION, COMPUTER VIRUSES, OR OTHER HARMFUL CODE).
6. Limitation of Liability for Website
You agree that your use of the Website, materials, and any user content, and any and all part(s) thereof, is at your own discretion and risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARWAL AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE (INCLUDING WITHOUT LIMITATION VIA VICARIOUS LIABILITY) FOR ANY DAMAGE OR LOSS (INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, AND SPECIAL DAMAGES AND LOST PROFIT AND LOST DATA) ARISING OUT OF OR CONNECTED WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO MATERIALS AND ANY USER CONTENT), OR ANY PART THEREOF OR ANY USE THEREOF OR ANY INABILITY TO USE ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NARWAL AND/OR ANY OF ITS AFFILIATES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD. IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. To the extent the preceding limitation of liability is invalid or ineffective, then to the maximum extent permitted by applicable law, in no event will the total cumulative liability of Narwal and/or its affiliates arising out of or connected with the Website (including but not limited to Materials and any User Content), or any part thereof or any use thereof or any inability to use any of the foregoing, exceed the monetary amount actually paid by you to Narwal or Narwal's authorized reseller. NOTHING IN THE T&C ATTEMPTS TO OR WILL LIMIT THE LIABILITY OF NARWAL OR ANY OF ITS AFFILIATES BEYOND THE EXTENT PERMITTED BY APPLICABLE LAW.
7. Third-Party Service Providers
Narwal and/or one or more of its affiliates engage(s) or cooperate(s) with third-party service providers in connection with the Website, including without limitation for website hosting, payment processing, and shipping and other logistics.
In using the Website (including but not limited to Materials and any User Content), you may elect to use products or services of third parties: you use of such third-party products or services is subject to any terms and conditions agreed to between you and any such third-party service provider, and ceasing to use the Website (including but not limited to Materials and any User Content) and/or returning or ceasing to use any Products/Services does not necessarily or automatically release you from any agreement between you and any such third-party service provider. NARWAL AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS ANY WARRANTY ARISING OUT OF ANY INFORMATION, ADVICE, PROPOSAL, SPECIFICATION, OR SAMPLE PROVIDED BY NARWAL OR ANY OF THE ABOVE-MENTIONED PARTIES.
8. Notices
You agree to send any notices to Narwal at legal@narwal.com and that any notice to you, when it cannot be deemed sufficient by posting on the Website, may be provided by email to any email address that you registered with Narwal as well as any other method of notice permitted under applicable law.
9. Assignment
You agree not to assign, to any third party, any rights or obligations you have or may have under the T&C and that any attempted assignment by you will be null, void, and without effect. You agree that Narwal may, at its sole discretion and without any consent from or notification to you, assign any of its rights and any of its obligations under the T&C to any affiliate of Narwal, which may likewise assign any right or obligation assigned to it.
10. Waiver
You agree that no waiver by Narwal of any of its rights under the T&C will be effective except if in writing and that any waiver or failure by Narwal to exercise or enforce any of its rights under the T&C will not constitute a waiver of any other of Narwal's right or of another exercise or enforcement of the right waived or failed to be exercised or enforced.
11. Severability
You agree that if any part of the T&C is deemed invalid or cannot be enforced in any instance, such part will in that instance be interpreted or changed to accomplish the objectives of the part to the greatest extent possible under applicable law and the T&C will not be affected in any other way.
12. Interpretation
The headings of the sections of the T&C are for convenience and you agree they will not be used in interpreting the T&C or any part thereof.
13. Integration
This document represents the complete agreement concerning the subject matter hereof, and any and all other understandings and communications, oral and written, concerning the same subject matter are merged into and superseded by this document, except as expressly provided in the T&C. You agree that no such understanding or communication will have any force or effect and that you will not refer to any such understanding or communication in any proceeding arising out of or in connection with the T&C.
14. Governing Law and Dispute Resolution
If you have any comments or queries, or there is any provision that you do not understand, please feel free to email any enquiry to us at legal@narwal.com.
These terms and conditions are governed by and construed in accordance with the laws of Victoria, and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria. You agree to submit to the jurisdiction of those Courts.