SENSER's ("SENSER", "we", "us") website, mobile application and related services (“Services”) are operated by Nexchic Limited, a company registered in Delaware, USA, together with certain of its affiliated companies. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms").
We may update these Terms from time to time where reasonably necessary. Where required by applicable law, we will provide reasonable notice of any material changes before they become effective. If you do not agree to the updated Terms, you should stop using the Services before the updated Terms become effective. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.
Please read these Terms carefully before using the Services, as they contain important information regarding your legal rights and obligations, including limitation of liability, governing law, and the dispute resolution clause. If you do not accept these Terms, please stop using the Services immediately. If you have any questions about these Terms, please contact us.
1. Eligibility
- (1)
You represent and warrant that at the time you use the Services, you shall have the legal capacity to enter into a binding contract under the laws applicable to you. If you are under the age of majority in your jurisdiction, you may use the Services only with the consent and supervision of your parent or legal guardian.
- (2)
If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and that entity.
2. Account Management
- (1)
When creating an account or otherwise using the Services, you agree to provide accurate and complete information as requested, including your name, e-mail address, contact telephone number, shipping or billing address, and any other information necessary for provision of the Services. You are responsible for ensuring that the information you provide remains accurate.
- (2)
You agree to promptly update your account information whenever it changes. Where required by applicable laws or regulations, we may verify certain account information in accordance with such requirements, and you agree to cooperate by providing accurate and up-to-date information.
- (3)
If we fail to contact you according to the information you last provided, you do not provide information in a timely manner according to our requirements, or the information you provide is obviously untrue, you will be responsible for any consequences arising from your failure to provide accurate or updated information, except to the extent caused by our negligence or misconduct. We may issue a notice of inquiry or request for rectification to you, and require you to re-provide the relevant information, until the suspension or termination of the provision of part or all of the Services to you.
- (4)
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You understand that it takes a reasonable amount of time for us to act on any request from you, and that any action taken at your request may not prevent or stop the consequences of the breach from developing or expanding, and that we will not be liable for such action except to the extent that we are at fault.
- (5)
Your account is set up and maintained by you, and at no time will we ask you for your account password. Therefore, we recommend that you keep your account safe and make sure that you log out at the end of each online session and leave the Service Platform with the correct steps. We will not be liable for any losses or consequences arising from your failure to maintain account security or from unauthorized access caused by your acts or omissions.
- (6)
You shall be responsible for the results of all actions under your account (including but not limited to signing all kinds of agreements, disclosing information, posting information, purchasing goods and services, etc. online), unless such activities result from circumstances beyond your reasonable control or our fault.
- (7)
You may not transfer, lend or otherwise dispose of your account to any third party without our prior written consent. We reserve the right to refuse account registration or suspend/terminate an account if we have reasonable grounds to believe that the account is being used in violation of these Terms or applicable laws.
3. Data Security and Privacy
- (1)
We take the protection of your Personal Information (i.e., information that can identify the user independently or in combination with other information) very seriously. We will take sufficient management, physical, and technical measures to ensure that we maintain appropriate security to help protect the safety and confidentiality of your Personal Information collected by us.
- (2)
By using the Services and creating an account, you acknowledge that your Personal Information will be collected, used, disclosed, and otherwise processed in accordance with our Privacy Policy, which can be accessed via the login/registration page, as well as by clicking the relevant link in the footer of webpage after logging in. We want the Privacy Policy to provide you with a clear picture of how we handle your personal information, so we recommend that you read the Privacy Policy in its entirety to help you better protect your privacy. You agree to the use of your data in accordance with our Privacy Policy.
4.Accuracy of content; quantitative limitations
- (1)
The information provided through the Services is provided for general informational purposes. While we strive to ensure that the information, including product descriptions, specifications, pricing, availability, and other content, is accurate and up to date, errors or inaccuracies may occasionally occur.
- (2)
We reserve the right to correct any errors, inaccuracies, or omissions, and to update or modify information relating to pricing, content, promotional offers, product descriptions, specifications, or other information provided through the Services. Where required by applicable law, we will provide appropriate notice or obtain your consent before making such changes.
- (3)
If a product or service is listed with incorrect pricing or information due to an error, we reserve the right to cancel or refuse the relevant order, even if the order has been submitted or confirmed, subject to applicable law. If payment has already been made, we will provide a refund in accordance with applicable laws and our applicable refund policies.
- (4)
Product and service availability may change from time to time. We reserve the right to limit quantities available for purchase and to modify, suspend, or terminate promotions, campaigns, or other offers, subject to applicable laws. The availability of any product or service at a particular time does not guarantee continued availability, subject to applicable laws and any confirmed orders.
5. Payment
- (1)
Orders may be paid using the payment methods and currencies made available through the Services from time to time, which may include, without limitation, US Dollars (USD), Australian Dollars (AUD), Hong Kong Dollars (HKD), Japanese Yen (JPY), Korean Won (KRW), Singapore Dollars (SGD), British Pounds (GBP), and Canadian Dollars (CAD). The available payment methods and supported currencies may vary depending on your location, payment provider, and other applicable factors.
- (2)
When making a payment by credit card, debit card, or other payment methods, you must use a payment method that you are authorized to use. You are responsible for ensuring that your payment information is accurate and that you have obtained appropriate authorization to use the relevant payment method. We are not responsible for unauthorized transactions resulting from your failure to protect your payment credentials.
- (3)
For security and fraud prevention purposes, we may require that the identity information associated with your account, order, and payment method be consistent or request additional verification. If we reasonably suspect fraudulent activity, unauthorized payment, or other security risks, we may delay, suspend, or cancel the relevant transaction to the extent permitted by applicable laws.
- (4)
The aforementioned payment methods include, but are not limited to, the following situations:
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Credit card payment;
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Debit card payment;
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Instalment payment services provided through third-party payment providers;
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Payment arrangements involving pre-authorisation, reservation, or scheduled deductions; and
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Other payment methods made available through the Services from time to time.
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6.Intellectual Property Rights
- (1)
You acknowledge and agree that all content, materials and other components made available through the Services, including but not limited to logos, graphics, button icons, page headers, text, images, software, and other materials, are owned by or licensed to SENSER and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
- (2)
Except as expressly permitted in these Terms or required by applicable law, you may not sell, license, rent, modify, distribute, copy, reproduce, republish, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any content or materials made available through the Services without our prior written consent. Use of the content and materials for any purpose not expressly permitted in these Terms is prohibited.
7.Links to Third-party Services
- (1)
The Services may contain links to other websites, applications, or services (“Third-Party Services"). These links and integrations are provided for your convenience only and do not imply or constitute our endorsement, sponsorship, or recommendation of such Third-Party Services. You acknowledge that we have no control over such Third-Party Services and we are not responsible for the accuracy, content, legality or any other aspect of any linked Third-Party Services. Your access to and use of any Third-Party Services is subject to the applicable terms of service, privacy policies, and other terms provided by the relevant third parties.
- (2)
In no event shall any reference to any third party, third party website or third party product or service be construed as an endorsement by us of such third party, third party web page or any product or service provided by a third party. To the maximum extent permitted by applicable law, we are not liable for any loss or damage arising from your use of or reliance on Third-Party Services.
8. Indemnification
- (1)
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SENSER, Onmirror Limited, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, suppliers, manufacturers, distributors, representatives and affiliates, from and against any third-party claims, damages, losses, liabilities, and all costs and expenses of defense (including attorneys' fees) arising out of or relating to:
- (i)
your use or misuse of the Services;
- (ii)
your breach of these Terms;
- (iii)
your violation of any applicable law; or
- (iv)
your infringement of any intellectual property rights or other rights of any third party.
- (i)
- (2)
You agree to cooperate as fully as possible in the defense of any claim, and SENSER reserves the right to assume the exclusive defense of any matter subject to indemnification by you.
9.Product quality; Returns; Cancellation of Orders
- (1)
We implement reasonable quality control procedures before products are shipped. While we strive to ensure that products meet our quality standards before shipment, defects or errors may occasionally occur. If you order an item that is not as described or is of defective quality, you may return it to us within the specified return period. As a consumer, you have a legal right to have products that are not as described or are of defective quality. Nothing in these Terms limits or excludes any statutory rights or remedies that you may have under applicable consumer protection laws.
- (2)
You can purchase in confidence and send the items back to us if they are not right for you. If you would like to initiate a return, please go to your account. Click the order you would like to return and follow the prompts.
- (3)
Unless otherwise required by applicable law, customers may be responsible for the reasonable costs of return shipping as described in our Return Policy.
- (4)
Subject to any statutory rights available under applicable law, including any applicable consumer cancellation rights, eligible products may be returned within fourteen (14) days from the date of delivery, provided that the return is initiated within the applicable return period and the product is returned in accordance with our Return Policy. Unless otherwise required by applicable law, returns requested or received after the applicable return period may be accepted at SENSER's sole discretion. Where applicable, returned products should be sent back with all original packaging, tags, accessories, and security or anti-theft tags attached.
- (5)
Products marked as “final sale”, “non-refundable”, or similar designations are not eligible for return, except where such return, exchange, or other remedies are required under applicable law.
- (6)
Meanwhile, you understand that if there are obvious signs of use or man-made damage to the product, the above return terms will not apply.
- (7)
Unless otherwise required by applicable law, returned products must be in substantially the same condition as when received, except to the extent reasonably necessary for you to inspect or evaluate the product. Returns may be refused or a reduction in the refund amount may apply where the product has been damaged, altered, or used beyond what is reasonably necessary to establish its nature, characteristics, and functioning.
- (8)
We do not currently offer direct exchanges. If you wish to exchange an item you will need to return the original item, receive a refund and then place a new order.
- (9)
Orders may be cancelled while they are under review or before they have been processed for shipment. Once an order has entered the shipping process, cancellation may no longer be available. Nothing in this section limits any cancellation rights or other statutory rights available to you under applicable law.
- (10)
Once your cancellation is confirmed, we will refund to your original payment method. Refunds are generally processed within 10 working days. However, it is important to note that while we will process refunds promptly, the time required for the refunded amount to appear in your account may vary depending on your payment provider or financial institution and is outside our reasonable control.
- (11)
For more details on returns and cancellations, please see the Orders-shipping, FAQ, and other support resources available through the Services.
10.Disclaimer of Warranties
- (1)
Except as expressly provided in these Terms or required under applicable law, the Services and all content, material, information, and software made available through the Services are provided on an "as is" and "as available" basis, without any express or implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, to the maximum extent permitted by applicable law.
- (2)
While we use reasonable efforts to maintain the availability, accuracy, and security of the Services, we do not warrant that:
- (i)
the Services or any content made available through the Services will be accurate, complete, reliable, or error-free;
- (ii)
the Services will operate uninterrupted, timely, secure, or error-free;
- (iii)
any defects or errors will be corrected; or
- (iv)
the Services or the servers used to make them available will be free from viruses, malware, or other harmful components.
- (i)
11.Limitation of liability
- (1)
To the maximum extent permitted by applicable law, neither SENSER, Onmirror Limited, nor our parent companies, subsidiaries or affiliates, or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or service providers shall be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of business opportunities, loss of data, or business interruption, arising out of or relating to your access to or use of, or inability to access or use, the Services, whether based in contract, tort (including negligence), statute, strict liability, or otherwise, even if advised of the possibility of such damages.
- (2)
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the amount paid by you to SENSER in connection with the applicable event, promotion or occurrence giving rise to such liability.
- (3)
We are not responsible for any loss of or damage to data stored in your account or otherwise through the Services, except to the extent such loss or damage results from our breach of these Terms, failure to comply with applicable law, gross negligence, or wilful misconduct.
- (4)
Nothing in these Terms excludes or limits liability for:
- (i)
death or personal injury caused by negligence;
- (ii)
fraud or fraudulent misrepresentation;
- (iii)
any rights or remedies available under applicable consumer protection laws; or
- (iv)
any other liability that cannot be excluded or limited under applicable law.
- (i)
12. Services unavailability; Termination; Fraud
- (1)
We may modify, suspend, discontinue, or restrict all or part of the Services from time to time for operational, maintenance, security, legal, or other legitimate business reasons. Where reasonably practicable or required by applicable law, we will provide prior notice of any material changes or interruptions.
- (2)
We may suspend or terminate your access to the Services or your account if we reasonably believe that you have breached these Terms, violated applicable law, engaged in fraudulent, abusive, or unlawful activities, or where such action is reasonably necessary to protect the security, integrity, or operation of the Services. Where appropriate and permitted by applicable law, we will provide notice of such suspension or termination.
- (3)
Upon termination of your account or access to the Services, you must immediately cease using the affected Services, except to the extent necessary to exercise any rights available to you under applicable law.
- (4)
To protect our customers and the integrity of the Services, we reserve the right to cancel, delay, refuse to ship or recall any order where we reasonably suspect fraud, unauthorized payment, identity theft, or other unlawful activity, subject to applicable law.
- (5)
Termination of these Terms or your account will not affect any provisions that, by their nature, are intended to survive termination, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and any accrued rights or obligations.
13.Orders and deliveries
- (1)
The destinations to which we can deliver will be displayed through the Services or during checkout. Any delivery dates or estimated delivery times provided through the Services are estimates only and are not guaranteed. We will use reasonable efforts to deliver your order within the estimated timeframe. However, delivery may be delayed due to factors beyond our reasonable control, including customs clearance, carrier delays, weather conditions, security verification, or other unforeseen circumstances. If your account is subject to security verification, this will affect the delivery time and SENSER will not be responsible for any delays caused by problems with customs clearance at destination.
- (2)
Please note that we are currently unable to deliver to P.O. BOX addresses of any kind.
- (3)
If you refuse a shipment from SENSER or do not take necessary steps to retrieve your shipment after we have attempted delivery at your nominated shipping address, you are responsible for the original shipping charges, any import fees that are incurred on the package, and the cost of returning the package to SENSER. Where permitted by applicable law, these amounts may be deducted from any refund otherwise payable to you.
- (4)
SENSER will retain title to the Goods until they have been delivered to and accepted by you in accordance with these Terms. Once delivery has been successfully completed in accordance with the delivery details provided by you, as evidenced by the applicable proof of delivery, title to the Goods will pass to you. Risk of loss of or damage to the Goods will pass to you when you, or a person identified by you to receive the Goods, takes physical possession of them, unless otherwise required by applicable law. If you nominate another person to receive the Goods on your behalf, including as a gift recipient, delivery to and acceptance by that person will constitute delivery to and acceptance by you for the purposes of the transfer of title. The signature or other proof of delivery of you or your nominated recipient may constitute evidence that SENSER has completed delivery and fulfilled its delivery obligations.
- (5)
Whilst we make every effort to ensure that product information and pricing are accurate, errors may occur from time to time. We reserve the right to correct any pricing, product description, or other errors prior to dispatch of the relevant product. If we discover such an error after you have placed an order but before dispatch, we may notify you and provide you with the option to reconfirm your order at the correct price or cancel your order for a full refund. If we are unable to contact you within a reasonable period, we may cancel the order and refund any amounts paid.
- (6)
If you believe that your order has not been delivered, please contact us as soon as reasonably practicable and, where possible, within thirty (30) days after the expected delivery date so that we can investigate the shipment. Contacting us after this period may affect our ability to investigate the shipment or recover the package from the carrier, but will not affect any rights or remedies available to you under applicable law.
14.Copyright infringement; Notification and take-down procedures
- (1)
If you believe that any content or material made available through the Services infringes your copyright, you may submit a notice requesting that the relevant content be removed or access to it be disabled. Your notice should include:
- (a)
a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf;
- (b)
sufficient information demonstrating your ownership of, or authority to enforce, the relevant copyright;
- (c)
identification of the copyrighted work claimed to have been infringed and the allegedly infringing material;
- (d)
information reasonably sufficient to enable us to locate the allegedly infringing material;
- (e)
your name, postal address, telephone number, and email address;
- (f)
a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law; and
- (g)
a statement that the information in the notice is accurate and, where applicable, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the copyright owner.
- (a)
- (2)
Please send copyright questions by email to support@senser.net.
15. Notices
- (1)
You agree that, to the extent permitted by applicable law, we may provide notices, disclosures, and other communications relating to the Services or these Terms by any reasonable means, including:
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posting notices through the Services or on our website;
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in-app notifications, account messages, pop-up notifications, push notifications, or other electronic communications made available through the Services; and
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emails, text messages, or postal mail sent to the contact information associated with your account or otherwise provided by you.
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- (2)
Unless otherwise required by applicable law, notices provided electronically will be deemed received when they are sent or made available through the Services.
- (3)
You are responsible for keeping your contact information accurate and up to date. We are not responsible for any delay or failure in your receipt of notices resulting from your failure to maintain accurate contact information.
16.Other matters
- (1)
Unless otherwise specified herein, these Terms, together with the Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement regarding your access to and use of the Services and supersede all prior or contemporaneous understandings, communications, representations, and agreements, whether oral, written, or electronic, relating to the same subject matter.
- (2)
SENSER's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or of any other rights. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorised representative of SENSER.
- (3)
If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
- (4)
The section headings contained in these Terms are for convenience only and shall not limit or otherwise affect the terms of these Terms.
17. Governing Law and Dispute Resolution
17.1 U.S. Customers
- (1)
If you are located in the United States, these Terms, the Services, and all other aspects of your transaction with us shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
- (2)
To the fullest extent permitted by applicable law, you and we agree that the state and federal courts located in the State of Delaware shall have exclusive jurisdiction over any dispute, claim or controversy arising out of or relating to these Terms, the Services or your transaction with us.
- (3)
To the fullest extent permitted by applicable law, you and we agree that any dispute, claim or proceeding shall be brought only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated or representative action. To the fullest extent permitted by applicable law, each party irrevocably waivesany right to a trial by jury in any legal proceeding arising out of or relating to these Terms.
- (4)
Nothing in this Section prevents either party from seeking temporary, preliminary or permanent injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.
17.2 Customers Outside the United States
- (1)
If you are located outside the United States, these Terms, the Services, and all other aspects of your transaction with us shall be governed by and construed in accordance with the laws of the jurisdiction in which the company providing the Services to you under these Terms is established, without regard to its conflict of laws principles.
- (2)
Subject to applicable law, the courts of the jurisdiction in which the company providing the Services to you under these Terms is established shall have non-exclusive jurisdiction over any dispute, claim or controversy arising out of or relating to these Terms, the Services or your transaction with us.
- (3)
Nothing in these Terms limits or excludes any mandatory consumer protection rights available to you under the laws of your country or region of residence, or any right you may have under applicable law to bring proceedings before a court having jurisdiction in your country or region of residence.
18. Force Majeure
- (1)
For the purposes of these Terms, a Force Majeure Event means any event or circumstance beyond a party's reasonable control that could not reasonably have been foreseen, prevented, or avoided, including, without limitation, natural disasters, earthquakes, floods, fires, severe weather, epidemics or pandemics, war, terrorism, civil unrest, labour disputes, interruption or failure of utilities or telecommunications, cyberattacks, failures of third-party service providers, governmental actions, changes in applicable law, or other events beyond the reasonable control of the affected party.
- (2)
Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than any obligation to make payments that have already become due) to the extent such delay or failure results from a Force Majeure Event. The affected party will use reasonable efforts to mitigate the effects of the Force Majeure Event, resume performance as soon as reasonably practicable, and promptly notify the other party of the nature and expected duration of the Force Majeure Event where reasonably practicable.
- (3)
If a Force Majeure Event continues for a prolonged period and substantially prevents either party from performing its material obligations or frustrates the purpose of these Terms, either party may terminate these Terms by giving reasonable written notice to the other party, without liability except for obligations that accrued prior to the effective date of termination.
19. Contact Us
If you have any questions or comments about these Terms or the Services, or wish to terminate these Terms, please contact us by email:
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Email address: support@senser.net
