TERMS OF SALE

Last Modified: 12 July 2021

 

GENERAL TERMS

  1. Applicability

By purchasing any digital BRAVERA product/service (“Product") offered by The Company, its subsidiaries and affiliates (collectively, the “Company," “we" or “our") or carrying out any purchase/transaction through our Sites (websites or online applications) that run on smartphones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “Sites"), you agree to these terms and conditions of sale (these “Terms of Sale"). The Company is responsible for any purchase/transaction conducted by users on third party websites linked to our Sites and services. We can support where possible, but it is not our responsibility to retrieve funds on any users’ behalf.   

We (The Company) may, at our sole discretion, verify your identity prior to processing any purchase (applies to individual smartphone application users, Engagement Console or Merchant Console Admin User Accounts). We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate in accordance with these terms and conditions of sale.

Subject to any applicable laws, a refund of the purchase price of any Product (Bravera Engagement Console or Merchant Console products) is only permitted if:

  • (a) a request for a refund is made to our Customer Service within 30 days of date of purchase / commencement of subscription; and
  • (b) the refund amount is credited to the debit or credit card used to make the purchase, with any banking, foreign exchange or other related fees being borne by you.

Subject to any applicable laws, it is acknowledged and agreed that refunds are not permitted for a purchase made outside of the Company Sites. 

2. Orders

When you attempt to purchase any Product / service or carry out any purchase/transaction on our Website by clicking the “Buy with points", “Take a challenge”, or ‘Copy code and continue”, or equivalent option, this constitutes an offer to buy the Product and/or complete the purchase/transaction with a Third Party. Your purchase is not complete until you either a) visit the location of the offer to be claimed by an offline offer and make the purchase PLUS confirm the vendor scans the QR code to complete the transaction, or b) make an online purchase with the Third Party using a discount coupon code. We do not accept any errors or purchase, any lost orders, or support with complaints with Third Party merchants partners. We reserve the right to reject your offer and not conclude a sale agreement with you.

3. Pricing

  • Products sold by the Company (i.e. Enterprise Engagement Console or Merchant Console) may be subject to applicable taxes, which will be added at checkout.
  • Products or services sold by Third parties occasionally may include an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If the Third party made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we cannot be held responsible or compensate you for the price difference; or (ii) if the actual price of the product is higher than the stated price, we cannot be held responsible or compensate you for the price difference, but can assist in contacting the Third Party to arrange a refund. 

4. Payment

You may only pay for products purchased on our Website using a valid credit or debit card or post pay service or any other payment method made available by the Company on our Website. It is acknowledged and agreed that any payment made by you using a post pay service is an additional separate contractual arrangement between you and that service provider and subject to the terms and conditions of that provider.

5. Warranties and Other Information

  • Unless stated otherwise specified, all products are sold “as is."
  • While we work to ensure that the product information on the Website is correct, we cannot guarantee that product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information that accompanies the products before use.

6. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE, OR INABILITY TO USE, ANY PRODUCT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Governing Law and Jurisdiction

These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the courts of England and Wales, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

8. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.

If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.

10. Entire Agreement

This Terms of Sale, our End User License Agreement, Terms of Use, Privacy Policy constitute the sole and entire agreement between you and the Company with respect to your purchase of the Product and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such purchase.

Legal Entity

Asia - Hong Kong 

The Sites are operated by Cariad Limited, Room 1104 Crawford House, 70 Queen's Road Central, Hong Kong SAR (collectively, the “Company," “we" or “our").

Europe - United Kingdom 

The Sites are operated by Bravera Limited, Woodberry House, 2 Woodberry Grove, Finchley, London, N12 0DR (collectively, the “Company," “we" or “our").

Applicability

By purchasing any Company product/service (“Product") offered by its Sites, Bravera Limited, Woodberry House, 2 Woodberry Grove, Finchley, London, N12 0DR, or carrying out any purchase/transaction through our websites or online applications that run on smartphones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “Website"), you agree to these terms and conditions of sale (these “Terms of Sale").

Governing Law & Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hong Kong SAR, without giving effect to any choice or conflict of law provision or rule (whether of Singapore or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Hong Kong SAR, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts

EUROPE – United Kingdom

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England & Wales, without giving effect to any choice or conflict of law provision or rule (whether of England & Wales or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of England & Wales, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule (whether of Singapore or any other jurisdiction).

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