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IMPORTANT! PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER
CAREFULLY BEFORE USING GUAVA-ASIA.COM. BY VIEWING ANY PART OF
GUAVA-ASIA.COM (“SITE”), YOU REPRESENT THAT YOU ARE
OF SUFFICIENT LEGAL AGE TO USE THIS SITE AND TO CREATE BINDING
LEGAL OBLIGATIONS FOR ANY LIABILITY IN THE FOLLOWING TERMS AND
CONDITIONS (“TERMS”). If you do not accept any of
these Terms, please discontinue your access to Guava Asia’s
Site. Guava Asia reserves the right, at any time, to modify, alter,
or update these Terms, and you agree to be bound by such modifications,
alterations, or updates.
You agree that you will not use any device, software or other
instrumentality to interfere or attempt to interfere with the
proper working of this Site, and that you will not take any action
that imposes an unreasonable or disproportionately large load
on our infrastructure. In addition, you agree that you will not
use any robot, spider, other automatic device, or manual process
to monitor or copy our web pages or the content contained herein,
without the prior express consent from an authorized Guava Asia
representative (such consent is deemed given for standard search
engine technology employed by Internet search websites to direct
Internet users to this site).
You may not use this Site: to make any false, fraudulent or speculative
reservation or any reservation in anticipation of demand; to post
or transmit any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability,
or otherwise violate any law; or for any other purpose that is
unlawful or prohibited by these Terms. We may, at any time and
without advance notice or liability, terminate or restrict your
access to all or any component of this Site.
Your use of this Site signifies your consent to the collection,
processing and use of voluntarily provided personal information
by us for the purpose of administering and dealing with your order
or account, market research, processing your payments, credit
reference checking and fraud detection, and for marketing purposes
as outlined above.
We may, unless you advise us otherwise pass this information
to our couriers or other agents in case they need to contact you
to arrange the processing or delivery of your order. To keep all
our customers updated, we may also use this information to notify
you of the latest products, services or offers. For your information,
access to all customers personal information are restricted to
relevant employees and confidentiality controls are reviewed periodically
to further protect your personal data.
We reserve the right to disclose part or all information concerning
you and your use of the services at such time and in such manner
as is (i) permitted or required by law to the relevant authorities;
(ii) necessary to enforce or apply the terms of any of our customer
agreements; or (iii) necessary to protect the rights, property
or safety of Guava Asia, our employees, agents or others.
All Site design, text, graphics, interfaces, and the selection
and arrangements thereof are © Copyright Guava Asia 2005.
ALL RIGHTS RESERVED. Permission is granted to electronically copy
and to print hard copy portions of our Site for the sole purpose
of placing an order with Guava Asia. Any other use of materials
on this Site, including reproduction for purposes other than those
noted above, modification, distribution, or re-publication, without
prior written permission of Guava Asia is strictly prohibited.
All trademarks, service marks, and trade names are proprietary
to Guava Asia or other respective owners.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN
THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND
LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUAVA ASIA DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. IN ADDITION, GUAVA ASIA DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT.
UNDER NO CIRCUMSTANCES WILL GUAVA ASIA WILL BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, LOSSES, EXPENSES,
COSTS OR LIABILITIES (INCLUDING WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS OR LOSS OF OPPORTUNITY) ARISING FROM YOUR ACCESS
AND/OR USE OF GUAVA ASIA’S SITE, EVEN IF GUAVA ASIA HAS
BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of consequential
or incidental damages, so some of the foregoing exclusions may
not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST
GUAVA ASIA, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING
OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR
ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT GUAVA ASIA IS HELD LIABLE FOR ANY DAMAGES RELATED
TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO
REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY
YOU THAT WERE NOT PROVIDED TO YOU.
These Terms applies only to the personal information that is collected
on this Site. We do not control and shall not be responsible for
the collection of personal information by third party websites.
Third party websites that are accessed through links on this websites
have separate privacy practices. We have no responsibility or
liability for the practices and policies implemented by third
parties on their websites. You may contact them directly to ask
questions about their privacy practices and policies.
The headings used in these Terms are included by convenience only
and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate your rights,
duties or obligations hereunder.
Additional terms and conditions may apply for purchases of goods
and services and other uses of portions of this Site, and you
agree to abide by such other terms and conditions.
These Terms shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions.
If Guava Asia takes any action to enforce this Terms, Guava Asia
will be entitled to recover from the you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of litigation,
in addition to any other relief, at law or in equity, to which
Guava Asia may be entitled.
These Terms shall be governed by, and construed in accordance
with Singapore laws and you agree to submit to the exclusive jurisdiction
of the Singapore courts.
No failure or delay by Guava Asia to exercise or enforce any
of its rights under these Terms will operate as a waiver of such
rights nor will such failure or delay in way prejudice or affect
its right at any time thereafter to act strictly in accordance
with our rights under the Terms.
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