Terms and Conditions
Effective Date: January 1, 2025
1. GENERAL
1.1 Scope
Welcome to NoProblemoDesign.com. These Terms & Conditions (“Agreement” or “Terms”) are a contract between you and No Problemo Design (referred to as “we,” “us,” or “our”) and you, the user of our Services (referred to as “you” or “your”). These Terms govern your use of our website at NoProblemoDesign.com (the “Site”), any mobile applications (“Apps”) that hyperlink to this Agreement, any written, electronic, or oral communications with No Problemo Design or its affiliated entities, and any websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the “Services”).
Other websites or platforms that use the No Problemo Design name may be operated by our affiliated entities (“Other No Problemo Design Sites”). If you access those sites, their respective terms and conditions may also apply to you.
By accessing or using the Services in any manner—including but not limited to visiting or browsing the Site, downloading the Apps, registering an account, or contributing content or other materials to the Site or via the Apps—you expressly acknowledge that you have read, understood, and agree to be bound by these Terms.
You are only authorized to use the Services if you agree to comply with all applicable laws and these Terms. If you reside in one country but order products to be shipped to another, you may be redirected to the local version of the Site (“Other No Problemo Design Site”) for that country. In such cases, you will be subject to the Terms of that specific local site.
For more information about how we collect, store, and protect your information when using the Services, please refer to our Privacy & Cookie Policy. The Privacy & Cookie Policy is hereby incorporated into these Terms as if fully set forth herein.
1.2 Updates to the Terms
We reserve the right to modify these Terms, including the Privacy & Cookie Policy, at any time, at our sole discretion. By continuing to use the Services following any changes (whether or not a notice was sent by No Problemo Design), you agree to be bound by any updates or revisions made to this Agreement or related policies, including the Privacy & Cookie Policy. It is your responsibility to review this Agreement and associated policies periodically to stay informed of any changes.
1.3 Acceptance of Terms
To shop with us, you must be at least 16 years old. By accessing, browsing, or otherwise using the Services, you indicate your agreement to all terms and conditions outlined in this Agreement. If you do not agree with any part of these Terms, you should immediately discontinue access to and use of the Services. Please review this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us at legal@noproblemodesign.com or via the methods described in the “Contact Us” section below.
2. USE OF OUR SERVICES
1.2 Updates to the Terms
We reserve the right to modify these Terms, including the Privacy & Cookie Policy, at any time, at our sole discretion. By continuing to use the Services following any changes (whether or not a notice was sent by No Problemo Design), you agree to be bound by any updates or revisions made to this Agreement or related policies, including the Privacy & Cookie Policy. It is your responsibility to review this Agreement and associated policies periodically to stay informed of any changes.
1.3 Acceptance of Terms
To shop with us, you must be at least 16 years old. By accessing, browsing, or otherwise using the Services, you indicate your agreement to all terms and conditions outlined in this Agreement. If you do not agree with any part of these Terms, you should immediately discontinue access to and use of the Services. Please review this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us at legal@noproblemodesign.com or via the methods described in the “Contact Us” section below.
2. USE OF OUR SERVICES
2.1 Representations
When you use our Services at No Problemo Design, you agree to the processing of the information and data you provide and affirm that all information and data are true and correspond to reality. You represent and warrant that you are at least 16 years old or accessing the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, No Problemo Design grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services. This access is provided solely for the purpose of browsing, shopping, or interacting with personal items offered on our website or mobile applications and not for commercial purposes or on behalf of any third party unless explicitly permitted in writing by No Problemo Design. Breach of this Agreement will result in the immediate revocation of this license without prior notice.
2.2 Limitations on Use
Except as explicitly permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Services or any portion of them without prior written consent from No Problemo Design. Commercial use of the information provided on the Services or use of the Services for the benefit of another business is strictly prohibited unless explicitly permitted in writing. No Problemo Design reserves the right to refuse service, terminate accounts, and cancel orders at its discretion if customer conduct violates applicable law or is deemed harmful to our interests.
Users shall not upload, distribute, or publish through the Services any content, information, or material that:
(a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any individual or entity;
(b) is libelous, threatening, defamatory, obscene, indecent, or pornographic or could result in civil or criminal liability under local or international laws;
(c) includes bugs, logic bombs, viruses, worms, trap doors, Trojan horses, or other harmful code, material, or properties.
Additionally, you agree not to:
– Use the Services for any unlawful purposes or in ways that violate applicable federal, state, local, or international laws or regulations.
– Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by No Problemo Design, may harm us, our users, or expose them or us to liability.
– Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps, or interfere with another party’s use of the Services.
– Use any robot, spider, or other automated or manual device, process, software, or means to index or access the Services for any purpose.
– Distribute unsolicited promotional or commercial content or solicit other users for commercial purposes through the Services.
– Attempt to interfere with the proper operation of the Services in any other way.
2.3 Account Creation and Termination
To access certain features on No Problemo Design, you will need to create an account. You may not use another person’s account. Every time you use a password or identification, you will be deemed authorized to access and use the Services in accordance with these Terms & Conditions. No Problemo Design is not obligated to investigate the authorization or source of any access or use of the Services. You are solely responsible for all access to and use of the Services by anyone using your password and identification, whether or not authorized by you. This includes all communications, transmissions, and any obligations incurred through such access, including financial obligations.
You are responsible for maintaining the confidentiality and security of your password and account information. No Problemo Design is not liable for any loss, theft, or fraudulent use of your account. If you suspect any unauthorized use of your password or account, or any breach of security, you must immediately notify us.
You must not use the same password for No Problemo Design that you use for other sites. Your account will be administered by the entity responsible for operating the specific site where you created your account, in line with the terms set out in the Scope section of these Terms.
Occasionally, we may restrict access to certain parts of the Services, including the ability to upload documents, make payments, or send messages. No Problemo Design reserves the right to terminate your access to the Services at any time, without cause or notice, if we believe you have breached these Terms. You may also terminate your account at any time by following the instructions within the Site or App, or by contacting us through the Contact Us section. If your account is terminated, you may lose any assets associated with it if you do not contact us.
By creating an account, you acknowledge that No Problemo Design may send you promotional or marketing emails. If you no longer wish to receive such emails, you can unsubscribe using the link provided in those emails.
Promotional Points: These can be earned and stored in “My Assets” by using our Services or making purchases as per specific provisions for Bonus Points. Promotional Points are granted at our discretion, are subject to expiration, and may be canceled. They are redeemable only on the site through which they were granted and cannot be exchanged for cash or returned via PayPal or credit/debit card.
Coupons: Coupons may be purchased or granted at our discretion and stored under “My Assets.” They are subject to expiration and cancellation. Coupons purchased can only be redeemed on the site they were purchased from, while those granted free of charge are subject to specific limitations.
Wallet Credit: Wallet credits can be obtained by returning goods and choosing Wallet credit as a refund option. Credits are redeemable only on the site from which they were granted. In certain cases, a Wallet credit linked to a returned item may be refunded to the original payment method, while non-returned item credits cannot be redeemed for cash.
Gift Cards: Gift cards can be redeemed and stored under “My Assets” by entering the code through your User Account. Gift cards purchased after March 8, 2021, can only be redeemed on the site from which they were purchased. Gift cards cannot be redeemed for cash or refunded via PayPal or credit/debit card.
Wallet credits, gift cards, coupons, and promotional points stored in your Wallet can be used as additional payment options or discounts, but they cannot be redeemed for cash. If your account is terminated or canceled, you will lose any assets in your Wallet, except as provided by applicable law.
Your rights to the Wallet and its contents are personal, and will terminate upon your death. Your estate, beneficiaries, or successors will have no claim to the Wallet or its contents.
2.5 Customs
You are required to provide valid and accurate information for customs purposes. All consignee names, addresses, and payer details should be correct. No Problemo Design is not responsible for delays or issues due to incorrect or missing information, and no compensation will be provided in such cases.
You authorize No Problemo Design and its affiliates to make any necessary declarations, documents, or filings required for the importation of goods on your behalf, including interacting with customs agents and authorities. As the importer, you are responsible for complying with all relevant laws and regulations in your country.
3. PRIVACY & COOKIE POLICY
When you use our Services and place orders, you agree to provide accurate and truthful information such as your email address, postal address, and other contact details. You also consent to us using this information to contact you regarding your order if needed.
We respect your right to privacy. By using our Services, you agree to and, where necessary, consent to the collection, use, and transfer of your personal information as outlined in our Privacy & Cookie Policy. To understand how we collect and use your information, including how to unsubscribe from non-transactional communications, please refer to our Privacy & Cookie Policy.
4. ERRORS
If you notice an error in the personal data you provided during registration, you can correct it in the “My Account” section on our Site. You can also correct errors related to personal data during the purchase process by contacting us, or by exercising the right of rectification as outlined in our Privacy & Cookie Policy. The Services include confirmation boxes that prevent the order from continuing if incorrect information is provided, and offer details of the items in your shopping cart, allowing you to modify the order before making payment.
If you detect an error after completing the payment process, immediately contact our Customer Service Platform to correct it. While we strive to provide accurate pricing and product information, errors may occur. We cannot confirm the price of an item until after you place your order. If there is a pricing or product information error, we reserve the right to refuse or cancel orders. In such cases, we may contact you for instructions or cancel the order, with a full refund issued.
5. TRADE RULES
5.1 Price and Payment.
All prices are correct at the time of entering the information into the system. If for some reason we are unable to ship your goods, the value of the items not shipped will be refunded to your wallet in your User Account or to the original method of payment, whichever you choose. Prices are exclusive of delivery charges, and the total cost of the order is the price of the products ordered plus the delivery charge. Prices may change at any time, but changes will not affect orders for which we have sent an Order Confirmation.
Once you have selected the items you wish to buy, they will be added to your bag. The next step will involve processing the order and making the payment. During the purchase process, you can modify the details of your order before payment. A detailed description of the purchase process is available in “How to Order.” Registered users can access a record of all their orders in “My Account.” If your order triggers a fraud alert, a verification email may be sent to your email address. Payment methods include Visa, Mastercard, American Express, PayPal, and online banking. Your credit card details will be encrypted to minimize unauthorized access. Once we receive your order, we request pre-authorization on your card to ensure sufficient funds to complete the transaction. If you selected a pay-later service (available only in certain countries), your card will be charged at the time of shipment, or if you selected a COD (cash on delivery) service (available only in certain countries), you will be charged in cash upon delivery. When you click “Buy Now,” “Place Order,” or “Authorize Payment,” you confirm that the credit card is yours. Credit cards are subject to verification by the card-issuing entity. If the entity does not authorize the payment, we are not liable for any delays or failure to deliver, and no contract will be concluded with you.
5.2 Colors.
We have made every effort to display the colors of our products as accurately as possible. However, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display will show accurate colors.
5.3 Packing.
Unless otherwise specified, we will comply only with our minimum packing standards for the selected transportation method. Any special packing, loading, or bracing you request will incur additional costs, which will be your responsibility.
5.4 Shipping & Delivery.
The Company ships from various warehouses in different countries. For orders with multiple items, we may split your order into several packages based on stock levels at our discretion. We aim to deliver orders as quickly as possible, but during busy sale periods, deliveries may take longer. For any questions regarding shipping and delivery, please contact our Customer Services Platform.
5.5 Title and Shipment.
Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Title to any purchased items transfers from the respective selling entity (i.e., Fashion Choice Pte. Ltd. if you’re located outside the European Union, United States, United Kingdom, Australia, New Zealand, United Arab Emirates, Saudi Arabia, Kuwait, Oman, Qatar, Bahrain, Jordan, Singapore, Brunei Darussalam, Cambodia, East Timor, Guam, Indonesia, Laos, Macau, Hong Kong, Malaysia, Maldives, Myanmar, Philippines, Sri Lanka, Taiwan, Thailand, Turkey, Vietnam, South Korea) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to you must be made to customer service within five (5) days after your receipt of the goods.
5.6 Return of Product.
Goods can be returned within a designated period. The exact return period and return policy differ by country. Please contact customer service for detailed information. Unless otherwise agreed by the Company, customers returning goods are responsible for freight charges. Wrong size items and items with quality problems can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund, including the charges you have incurred for delivery and return. The refund will be credited either to your Wallet within your User Account or to your original method of payment, at your election. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
5.7 Reviews, Comments, and Submissions
Except as otherwise provided elsewhere in this Agreement or on our Services, anything you submit or post on our Site or App, including but not limited to pictures, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) will be treated as non-confidential and nonproprietary. By submitting or posting, you agree to irrevocably license the Submissions and all intellectual property (“IP”) rights related to them (excluding moral rights such as authorship) to us without charge. We shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions in any form, by any means, and to translate, modify, reverse-engineer, disassemble, or decompile them.
All Submissions will automatically become our sole and exclusive property and will not be returned to you. You agree not to dispute any use of the Submissions by us in the future. You are responsible for all Submissions shared and must ensure they align with public morals and religious beliefs, are not in violation of any applicable laws, and will not cause us to violate any applicable laws or regulatory guidelines by displaying such Submissions on the internet.
You warrant that your Submissions are free of any IP right infringement, disputes, or third-party claims. We assume no liability for any misuse of copyright or any other rights by third parties. You undertake to defend and indemnify us against any losses caused by the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews on our Site or Apps, you also grant us the right to use the name you submit with any review, comment, or other content, if applicable, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all rights to the reviews, comments, and other content that you post on our site, and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Submissions or content. We may, but are not obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
5.8 User-Generated Content.
When you transmit, post, upload, share, or otherwise contribute any content to our Site or Apps, including but not limited to your Submissions, such contributed content shall be considered as user-generated content (“UGC”) to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide, or promote any of the following:
– Sexually explicit or pornographic content;
– Profanity;
– Derogatory, discriminatory, or hateful comments or incitements against specific individuals or groups based on their race or ethnic origin, religion, gender, disability, age, nationality, etc.;
– Incitements to violence or other dangerous activities;
– Terrorism or other criminal activities;
– Insensitive or offensive comments related to natural disasters, atrocities, health crises, deaths, conflicts, or other tragic events;
– Harassment, bullying, or threats;
– Dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
– Transactions in cryptocurrencies;
– False medical-related claims or content;
– Content that infringes intellectual property rights;
– Content that you are not authorized to, or do not have a legal right to, share, post, or otherwise display; or
– Any other content that could be considered illegal, offensive, or restricted under applicable laws or regulations.
You further acknowledge and agree that we, in our sole discretion, may remove or block any UGC we determine violates the above requirements. Posting UGC in violation of these Terms may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that we are not obligated to police or actively review UGC prior to its display on our Sites or Apps, and that you are therefore solely responsible for the UGC you choose to post on the Sites or Apps.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content.
The Services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to No Problemo Design or to those who grant us the license for their use and are protected by copyright laws in your own country and international copyright laws. You may use the Content only to the extent that we or the usage licensors authorize expressly.
6.2 No Problemo Design Marks.
In addition, the “No Problemo Design” trademarks, service marks, icons, graphics, wordmarks, designs, and logos contained therein (“Marks”), are owned by No Problemo Design. “No Problemo Design” and the Marks of No Problemo Design are trademarks in the countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The No Problemo Design Marks may not be used in connection with any product or service that is not No Problemo Design’s, in any manner that is likely to cause confusion among customers, or in any manner that discourages or discredits No Problemo Design. The Marks, whether on any product offered for sale on the Site or the Apps, or appearing as a logo or text on any portion of the Site, are not a representation that No Problemo Design is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. No Problemo Design sources some of its products from third-party manufacturers and wholesalers.
6.3 Rights Reserved.
Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of No Problemo Design or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services, provided by you to us, are non-confidential and shall become the sole property of No Problemo Design. You agree not to engage in the use, copying, or distribution of, or create derivative works from, any of the Content other than expressly permitted herein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or the Content therein.
7. THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not owned or controlled by No Problemo Design. References on our Site and Apps to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. No Problemo Design is not responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8. EVENTS BEYOND OUR CONTROL
No Problemo Design will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout, or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestions.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfill our obligations under the Terms despite the Force Majeure.
9. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
9.1 No Problemo Design Liability
Unless otherwise indicated expressly in these Terms, our liability regarding any product acquired on our Site shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
– In case of death or personal harm caused by our negligence;
– In case of fraud or fraudulent deceit; or
– In any case in which it was illegal or illicit to exclude, limit, or attempt to exclude or limit our liability.
9.2 Waiver of Liability
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, No Problemo Design shall not accept any liability for the following losses, regardless of their origin:
– Loss of income or sales;
– Operating loss;
– Loss of profits or contracts;
– Loss of forecast savings;
– Loss of data; and
– Loss of business or management time.
9.3 Warranties
Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information, and materials shown on the Services are provided “as is,” with no express or implied warranties or conditions of the same, except those legally established. In this sense, since you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they:
(i) comply with the description given by us and possess the qualities that we have presented on this Site;
(ii) are fit for the purposes for which goods of this kind are normally used; and
(iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.
To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
10. LIMITATION OF LIABILITY
PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU.
1. BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL DEFAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, No Problemo Design EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
2. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR:
(1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR
(2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, No Problemo Design AND ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
4. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
11. LEGAL DISPUTES AND ARBITRATION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of Singapore without regard to its conflict of law provisions.
Any dispute arising out of or in connection with this agreement and the use of the Services, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
Nothing in this Clause shall affect the statutory rights you as a consumer have, as recognized in any applicable legislation in this area.
Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit
11.1 Initial Dispute Resolution.
We are available by email at legal@noproblemodesign.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
11.2 Waiver of class or consolidated actions.
All claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
12. LEGAL TERMS
12.1 Assignment.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
12.2 Entire Agreement; No Waiver.
These Terms, together with our Privacy & Cookie Policy, and any other legal notices published on the Site or Apps, shall constitute the entire agreement between you and No Problemo Design concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
12.3 Indemnification.
You agree to release, indemnify, and defend No Problemo Design and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
12.4 Interpretation.
In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
12.5 Applicable Law.
If you are a resident of countries, regions or areas other than the European Union, United States, United Kingdom, Australia, New Zealand, United Arab Emirates, Saudi Arabia, Kuwait, Oman, Qatar, Bahrain, Jordan, Singapore, Brunei Darussalam, Cambodia, East Timor, Guam, Indonesia, Lao, Macau, Hong Kong, Malaysia, Maldives, Myanmar, Philippines, Sri Lanka, Taiwan, Thailand, Turkey, Vietnam, South Korea, your use of our Site and the product purchase contracts through said Site shall be governed by Singapore laws and regulations.
13. COPYRIGHT INFRINGEMENT
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by No Problemo Design violates your copyright, you are encouraged to submit a copyright takedown request notice to us. To do so, please send an email to us with the following: copyright@noproblemodesign.com.
Your notification of the infringement should include the following:
– Identify the copyrighted work that you claim has been infringed along with any copyright registration.
– Identify the material or link on our Services that you claim is infringing your copyrighted work.
– Provide your full legal name, company affiliation, mailing address, telephone number, and email address.
– Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Under our own policies, we may in our sole discretion terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of No Problemo Design or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
14. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms.
You may contact us anytime via email at legal@noproblemodesign.com