Last updated: 31 March 2023
The website and/or the mobile app that you are currently visiting and/or using (collectively, the “Platforms”) is/are operated by Mighty Jaxx International Pte Ltd, or otherwise by an entity within its group of affiliated companies, as the case may be (“Mighty Jaxx”).
Throughout the Platforms, the terms “we”, “us” and “our” refer to Mighty Jaxx. Mighty Jaxx, offers the Platforms, including all information, tools, products and services available from the Platforms to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting any of our Platforms 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 those additional terms, conditions and policies incorporated by reference herein and/or available by hyperlink. These Terms of Service apply to all users of the Platforms, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Platforms. By accessing or using any part of the Platforms, you agree to be bound by these Terms of Service. If you do not agree to any of these Terms of Service, then you may not access the Platforms or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Platforms 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 without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platforms following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use these Platforms.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 Platforms through which the service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We reserve the right to modify the contents of these Platforms at any time, but we have no obligation to update any information on our Platforms. You agree that it is your responsibility to monitor changes to our Platforms.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
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 – PAYMENT TERM
All orders made are final and non-refundable. Please review and confirm your order before making payment.
Payment terms are within our sole discretion and payment must be received by us before our acceptance of your order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable import taxes and duties, if any.
SECTION 7 – SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
In relation to the purchase of any physical products from us, this Section 7 shall apply. Where you purchase a physical product from us, we will arrange for shipment of your item to you as soon as we can.
Shipping charges (if any) are specified during the ordering process, unless your order qualifies for free shipping as provided in the Platforms from time to time. Once the item has been shipped to you from our warehouse, the title and risk of loss is transferred to you.
Shipping and delivery dates are estimates only and cannot be guaranteed, and time of delivery for any items shall not be of the essence.
We are not liable for any delays in shipments or returns due to unpaid taxes.
All import taxes incurred are to be borne by you, the receiver. Mighty Jaxx reserves the right to fulfil orders for multiple items in separate shipments, and each shipment may attract separate import taxes or duties. As such, you may be responsible for multiple import taxes or duties notwithstanding that they may be orders for identical items or purchases made in a single transaction, or for any other reason. We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (sales tax, value added tax, custom duties and excise duties, etc.). Please refer to your country’s import and duty guidelines and regulations for more information.
We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier directly to file a claim.
We do not inform customers of the delivery status. The shipping fee is charged only for one time shipment. We shall not be liable for next shipment charges due to wrong information provided by customer or re-delivery after customer is unavailable to take delivery in the first delivery. Any subsequent redeliveries after the first delivery will be subjected to additional charges.
SECTION 8 – INTELLECTUAL PROPERTY OWNERSHIP
Mighty Jaxx and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Platforms and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Platforms, or of any intellectual property rights relating to those products or services.
SECTION 9 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Platforms. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, and at our sole and final discretion.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Platforms. We cannot guarantee that your computer or any other device’s display of any color will be accurate.
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 our discretion. We reserve the right to discontinue any product at any time.
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 will be fit for any purpose, or that any errors in the Service will be corrected.
For specific terms relating to the purchase of our “XPass” or other NFTs, please refer to our[XPass Terms and Conditions] and [NFT Terms and Conditions] collectively, the “NFT Terms of Service”), which are hereby incorporated into these Terms of Service by reference. In the event of any conflict between the terms of this Terms of Service and the NFT Terms of Service, the terms of the relevant NFT Terms and Conditions shall prevail.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 you via the e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platforms. You agree to promptly update your account and other information, including your email address and shipping information so that we can complete your transactions and contact you as needed.
SECTION 11 - THIRD-PARTY SERVICES
We may provide you with access to third-party services over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services.
Any use by you of third-party services offered through the Platforms is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which services are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Platforms (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on these Platforms 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.
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 third-party'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 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Platforms or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related websites is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Platforms or on any related websites or apps, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Platforms, should be taken to indicate that all information in the Service or on the Platforms has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platforms 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, federal, provincial or state regulations, rules, laws, or local ordinances; (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 collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose. We reserve the right to terminate your use of the Service or the Platforms for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your purchase will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the product for indefinite periods of time or cancel the product launch at any time, without notice to you.
You expressly agree that your use of, or inability to use, the product is at your sole risk. All products and Services delivered to you through Mighty Jaxx 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.
In no case shall Mighty Jaxx, our shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Platforms or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Platforms, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold Mighty Jaxx and our shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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 18 – SEVERABILITY
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 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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 Platforms.
If in our sole judgment 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 and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
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.
These Terms of Service, any terms incorporated herein by reference, and any policies or operating rules posted by us on the Platforms or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and Platforms, 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW AND JURISDICTION
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 Singapore without regard to conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platforms will be instituted exclusively in the courts of Singapore. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
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 Platforms. It is your responsibility to check our Platforms periodically for changes. Your continued use of or access to our Platforms or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.