rastAsia™ Policies
- Terms & Conditions of Use
You should read these terms and conditions carefully before
using this website. By accessing or using this website, you
agree to be bound by these terms and conditions and
rastAsia's Privacy Policy. No proposed variation, amendment
or changes to these terms and conditions are valid or have
any effect. If you do not agree with or accept any of these
terms and conditions, you should cease using the website
immediately.
Please note that the sale of products and services on this
website are governed by separate rastAsia's Terms and
Conditions of Sale. Please refer to the individual
e-sellers(s) terms and conditions that are available within
this site
The website is intended for and directed at the residents
over the age of 18 in the Netherlands.
1.
Availability and Condition of Use
The website is made available to you by rastAsia™
Productions. Whilst rastAsia™ makes every effort to
ensure that the website is available, rastAsia™ does
not represent, warranty or guarantee in any way that there
is continued availability at all times or of uninterrupted
use by you of the website. Further rastAsia™ reserves
the right to suspend or cease the operation of the website
from time to time at its sole discretion.
As a condition of your use of the website, you agree that
you will not use the website for any purpose that is
unlawful under applicable law, prohibited by these terms
and conditions or to defame, disparage any body or in a
manner which is obscene, derogatory or offensive. You are
responsible for ensuring that your use of the website is
consistent with all applicable laws and regulation.
rastAsia™ reserves the right to prevent or suspend
your access to the website if you do not comply with any
part of these Terms and Conditions or any applicable law.
2.
Ownership, Use and Intellectual Property Rights
This website and all content within the website is owned
and operated by rastAsia™ and / or its licensers.
rastAsia™ and its licensers reserves all its rights.
The website is for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display,
revise, perform, reproduce, publish, license, deep-link,
create derivative works from, transfer, or sell any
information or content obtained from the website unless
expressly authorised by rastAsia™.
Any intellectual property rights (including without
limitation all patents, copyright, database rights and
trademarks (whether registered or unregistered) subsisting
in any content or material on the website belongs to
rastAsia™ and/ or its licensers. All rights are
reserved for the benefit of rastAsia™ and/ or its
licensers. Nothing in these terms and conditions grants you
any rights in the website or the content within the
website.
©2005 rastAsia™. rastAsia™, is a trademark of
rastAsia™ . STiKFAS™, CUBOYDS™ and
KootiKooti™ are trademarks of STiKFAS™ Pte Ltd.
Other trademarks and trade names may be used on this
website to refer to the entities claiming the marks and
names of the marks and names of the product.
rastAsia™ disclaims proprietary interest in the marks
and names of others. The use or misuse of these trademarks
or any other content on this website except as provided in
these terms and conditions or in the site content, is
strictly prohibited. Nothing contained on this website
shall be construed as granting, by implication, or
otherwise, any license or right to use any rastAsia™
trademark without rastAsia™ prior written permission.
3.
Software
Any software that is made available for downloading from
the website is the copyrighted work of rastAsia™
and/or its licensers.
You may only use such software in accordance with the terms
of the end user license agreement, if any, which
accompanies or is included with the software. You are
authorised and will not be able to install any software
unless you agree to be bound by the end use license
agreement.
The software is made available for downloading solely for
your use in a non-commercial manner. Any reproduction or
redistribution of the Software not in accordance with the
end user license agreement is expressly prohibited, and may
result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
The software is warranted, if at all, only according to the
terms of the end user licence agreement. Except for the
warranties which may appear in the end user licence
agreement, rastAsia™ hereby disclaims all warranties,
conditions and other terms (whether express or implied)
with regard to the software, including all implied
warranties and conditions of satisfactory quality and
fitness for a particular purpose.
4.
Submissions
rastAsia™ appreciates hearing from our customers and
welcome your comments regarding rastAsia™ products,
including its on-line services. rastAsia™ company
policy does not encourage you to send to rastAsia™
any unpatented ideas, advertising or marketing suggestions,
patent applications, models, prototypes, or any
information, written or oral, which you regard as
confidential (collectively referred to as "Unwanted
Submissions"). While rastAsia™ values your feedback
on its services and products, rastAsia™ request that
you be specific in your comments on those services and
products, and not submit any Unwanted Submissions.
Notwithstanding the foregoing, any submissions (including
Unwanted Submissions) made to rastAsia™ shall be
deemed to be rastAsia™'s property. rastAsia™
shall not be subject to any obligation of confidentiality
in relation to such submissions and shall not be liable for
any use and/ or disclosure of such submissions.
rastAsia™ shall be entitled to utilise such
submissions in any manner it sees fit.
5. Posting
of Information
Except for any personal information we may collect from you
which is governed by our privacy policy, any communication
or material you post or transmit to rastAsia™ over
the Internet is, and will be treated as, non-confidential
and non-proprietary. By transmitting or posting any
communication or material to this site, you agree that
rastAsia™ or any of its affiliates may use your
communication as material for any purpose, including
reproduction, transmission, publication, broadcast, and
posting. Although rastAsia™ reserves the right to
monitor or review discussions, chats, postings,
transmissions, bulletin boards and the like on the website
from time to time, rastAsia™ is under no obligation
to do so and assumes no responsibility or liability arising
from any content posted on any of these functionalities nor
for any error, omission, infringement, defamatory
statement, obscenity, or inaccuracy contained in any such
information on such functionalities. rastAsia™ shall
have the right at any time and for any reason to remove any
communication or material posted on the website.
6.
Disclaimers
While rastAsia™ uses reasonable efforts to include
accurate and up-to-date information on the website,
rastAsia™ does not represent, warrant or promise
(whether express or implied) that any information is or
remains accurate, complete and up to date, or fit or
suitable for any purpose. Any reliance you place on the
information on this website is at your own risk. Nothing in
this Terms and Conditions shall operate to prejudice any
mandatory statutory requirement or your statutory rights.
Content on this website is provided for your general
information purposes only and to inform you about
rastAsia™ and its products and news, features,
products, services and other websites, which may be of
interest. It does not constitute technical, financial,
legal advice or any other type of advice and should not be
relied on for any purposes.
In no event shall rastAsia™ be liable for any
special, indirect, or consequential damages or any damages
whatsoever, including loss of profits or data, whether in
an action in contract or tort, in connection with the use
or performance of the software downloaded from our website,
or from that of a linked third party website.
7.
Hyper-links and Third Party Sites
The website may contain hyper-links or references to
external third party web sites. Any such hyper-links or
reference is provided for your convenience only.
rastAsia™ has no control over such third party web
sites and accepts no responsibility in relation to any
content, material or information contained therein. The
display of such hyper-links and reference to such third
party web sites do not constitute an endorsement of such
third party's web site, products or services. Your use of
such third party web-sites may be governed by the terms and
conditions of such third party websites.
8.
Warranties and Limitation of Liability
You agree that your use of the website is on an "as is" and
"as available" basis. Consequently rastAsia™ makes no
representations, warranties, conditions or other terms
(whether express or implied) in relation to the provision
of the website, including without limitation as to
completeness, accuracy and up-to-datedness or any content
and information on the website, or as to satisfactory
quality, merchant-ability or fitness for particular
purpose.
To the maximum extent permitted by applicable law,
rastAsia™ excludes all liability (whether arising in
contract, tort, breach of statutory duty or otherwise)
which rastAsia™ may otherwise have to you as a result
of:
a. any error or inaccuracies in any information or material
within or relating to the website;
b. the unavailability of the website for whatsoever reason;
and
c. any representation or statement made on the website.
Under no circumstances shall rastAsia™ be liable to
you for any loss of damage suffered (including without
limitation direct or indirect losses) arising from your use
of the website (including the downloading or any software,
program or information) or reliance thereon.
For the avoidance of doubt, rastAsia™ does not
exclude or limit its liability for death or personal injury
arising from its negligence, for any fraudulent
misrepresentation made by rastAsia™ on the website or
for any other statutory rights which are not capable of
being excluded.
9.
Indemnity
If you are in breach of any of these terms and conditions,
you agree to indemnify and hold rastAsia™ harmless in
respect of any costs, expenses, claims, proceedings,
actions, losses, damages or liabilities incurred by
rastAsia™ in relation to or arising from such a
breach.
10.
General
rastAsia™ reserves the right to vary these terms and
conditions from time to time without notifying you. By
continuing to use and access this website you agree to be
bound by any variation made by rastAsia™. It is your
responsibility to check these terms and conditions from
time to time to verify such variations.
These terms and conditions contains the entire
understanding and agreement between rastAsia™ and you
in relation to your use of the website and supersedes and
replaces any representation, statement or other
communication (whether written or otherwise) made by you or
rastAsia™ which is not contained herein.
Should any part of these terms and conditions for any
reason be declared invalid or unenforceable by a court of a
competent jurisdiction, it shall be deemed to be deleted
without affecting the remaining provisions.
These terms and conditions are governed and construed in
accordance with the laws of The Netherlands and you consent
to the exclusive jurisdiction of the courts of The
Netherlands.