Terms of Usage
The following document describes the conditions of use of our Websites and Services and our general conditions of sale of our Services and Products.
Nematix is pleased to give you access to the Nematix's Websites and related applications and resources (collectively, the "Services"). Your use of the Services is subject to the binding legal agreement set forth below ("Terms").
Enforceability of the Terms
These Terms shall apply each time you visit our websites (https://nematix.com; https://app.nematix.com) (the "Websites"), use our Services and purchase items on our Websites.
The Terms are available on the following page: Terms.
These Terms apply to the user of our Services or customer of goods, after clicking on the "I agree to the Terms"' checkbox. By clicking, you confirm that you have read the Terms and you accept them.
Our Services
Nematix licenses Nematix IOT Platform software and provides related services through the "Services" available on its Websites.
Use of the Services may require you to open an account and register with Nematix pursuant to these Terms.
Description
Nematix also offers products for sale on the Websites. A description of our Products is available online. The photos are not contractual. The Products comply with health and safety requirements, fair trading and consumers protection rules. The Products comply with Malaysia law requirements in force at the date of their initial market launch.
Prices
All prices are presented inclusive of legally applicable VAT, excluding the shipping fees that will be invoiced additionally. The total amount due is indicated on the order confirmation page. Nematix can modify its prices at any time, while guaranteeing you the price in force on the day the order is placed.
Order process
To order, you must, after adding the item to cart, click on "checkout" and indicate your surname, address, email and credit card information and make payment.
Before confirmation of your order, you will be able to verify the detail of your order, the total price and will be able to go back to previous pages if a mistake was made to correct it.
You declare having read and accepted these Terms of sale before placing your order. By confirming your order, you are accepting these general terms and conditions of sale.
An email will be sent to you confirming the order and payment.
Confirmation of order
Acceptance of the offer is made, in accordance with the double clic process, by the confirmation of order.
Payment
Our Websites are protected by a security system. We have chosen to use SSL encrypting but have also reinforced all the scrambling and encrypting procedures in order to more efficiently protect all sensitive data linked to payment methods.
Delivery
The Products will be delivered within a maximum of 30 days after the order confirmation.
Customs
When ordering Products for delivery outside of the Malaysia country you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Nematix, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products.
Force majeure
Nematix shall not be considered in default in the performance of its obligations or be liable in damages or otherwise for any failure or delay in performance which is due to circumstances outside Nematix's control, which could not be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures.
In the event of a delay arising from such an event, the time of performance shall be extended by a period of time reasonably necessary to overcome the effect of the delay.
Privacy Policy
Nematix collects and processes data when you use its Services. Please review Nematix's Privacy Policy, which is available at Privacy Policy (the "Privacy Policy") which explains how we use information that you submit to Nematix.
The Privacy Policy is an integral part of these Terms.
Intellectual property
The Services, logo, interfaces, photos, Websites, are owned by Nematix or its licensees and protected by applicable law, with all rights reserved. Nematix takes the protection of intellectual property rights, including copyrights, very seriously. Nematix will terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Unless there is an express indication to the contrary in these Terms, no section of our Services, the Websites or any intellectual content may be copied, reproduced, republished, uploaded, published, shown publically, encoded, translated, transmitted or broadcast in any manner whatsoever (including by "mirroring") on another computer, server, website or publishing or broadcast medium, or for any commercial enterprise whatsoever, without prior written agreement from Nematix.
Unauthorized Activities
When using the Nematix Services, you agree not to: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others, use racially, ethnically, or otherwise offensive language.
Trademarks
"Nematix" is a trademark of Nematix (M) Sdn Bhd. Other trademarks are the property of their respective owners.
Disclaimer of Warranties
Nematix has an obligation of means regarding access to and use of the Websites and Services. Nematix cannot guarantee that the functions offered by the Services will always be available or free of typographical, technical or other errors, that faults will be corrected or that the Services or servers that host it will be free from viruses or bugs.
The Services may be interrupted temporarily by Nematix for reasons of maintenance, test, repair or anything else associated with the improvement and operation of the Services, without creating liability.
Use of the Services is at your own risk. The Services have not been verified or authenticated in whole or in part by Nematix, and they may include inaccuracies or typographical or other errors. Without limiting the generality of the foregoing, Nematix has not verified the accuracy of any of the advice or instructions in the use of any Nematix software or services and Nematix is not responsible for any use or results from your use of or reliance on any such advice or instructions. Nematix does not warrant the accuracy of timeliness of the Services. Nematix has no liability for any errors or omissions in the Services, whether provided by Nematix, our licensors or suppliers or other users.
NEMATIX FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE WEBSITES, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITES, INCLUDING WITHOUT LIMITATION THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITES IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEMATIX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
NEMATIX SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THOSE SERVICES. IN NO EVENT SHALL Nematix BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NEMATIX KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. NEMATIX'S TOTAL LIABILIY FROM YOUR USE OF THE SERVICES IS LIMITED TO US$100.00.
Changes
Nematix may make changes to the content offered on the Services at any time. Nematix can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on those Services and notifying users accessing the Services that the Terms have been changed. By using those Services after Nematix has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with the updated Terms, you must stop using the Services.
Jurisdiction
If the mediation process failed or was refused, a legal action might be brought before the defendant's competent court or the competent court of the territory where the Products or Services were delivered.
Applicable Law
The contract and Terms are submitted to Malaysia Law.
Latest update: October 22, 2018