Minockio

TERMS OF USE

Find out about our Terms of Use below.

Please read these Terms of Use (“Terms”) carefully as they contain the legal terms and conditions that you are deemed to have read and agreed to when you use the services provided to you by Minockio Company Limited, (“Minockio” or “We”), provided through www.minockio.com (“the Service” or “the Site”).

You must be at least 13 years of age to use the Site or the Service.

Privacy. We are committed to protecting your privacy. Please review the Minockio’s Privacy Policy. The terms of the Privacy Policy are considered part of these Terms.

Conduct. You agree that you will use the Site and the Service in compliance with all applicable local, state, national and international laws, rules and regulations without any unlawful purposes.

Username and Password. Please keep your username and password confidential. You are entirely responsible for any and all activities that are conducted through your account. If you suspect your Password may have been compromised, you must promptly change your password using the functionality provided in the Service. We shall not be liable for any improper use of your Username, Password, account or any use by any third party.

Pricing. All prices are stated in U.S. dollars or Thai Baht and are valid until altered by us. Prices do not include delivery charges or any import duties and taxes that may be added by the destination country. You will be responsible for payment of any such import fees. Please contact your local customs office for further information before placing your order. Postage will be added to your order during the checkout process.

Quality of Products. Our passion and commitment will always be to produce quality products. Due to technological limitations, your ordered product may not be an ‘exact’ representation of the character you design on the Site.

Delivery. We always aim to deliver within 14 working days from the confirmation date of any order which we accept but we cannot guarantee any firm delivery dates. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Circumstances beyond Control. We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties, events of force majeure, regardless of whether the circumstances in question could have been foreseen.

Cancelation of Product. We cannot guarantee that a particular product will always be available. We may cancel any order or sale and not supply the applicable product if it is reasonable to do so (including without limitation in the event of mistake). We may also change or discontinue the availability of any products at any time in our sole discretion. You will not be charged for any orders that cannot be fulfilled and where appropriate we will re-credit to your account any sum debited by us.

Return Policy. You may only return any item which was mistakenly shipped or which was damaged during shipping within 14 days of receipt. Nevertheless, we do not guarantee that your product will be an exact representation of your designed character as mentioned above, and we will accept no returns due to our failure to perfectly represent your designed character.

Intellectual Property Rights.Unless otherwise stated, Minockio is the sole lawful proprietor of all ownership rights, trademarks, copyrights, design rights, database rights, trade and business names, trade secrets (whether registered or unregistered) and any applications therefore and other similar rights in the Site. You acknowledge that you have no ownership rights or copyright claims in and to the characters you design on the Site. All designed characters become the property of Minockio and may be used by us for commercial and noncommercial purposes without need for your authorization. You may use our Site for your private, non-commercial, personal use only. These terms shall be deemed your express authorization.

User Suggestion. Any suggestions, including but not limited to designs and product development ideas, are willingly given freely by the user. The suggestion, once submitted, transfers all rights to Minockio for no compensation what so ever in return.

User Generated Content. The views expressed in any User Content are the views of the individual authors and not our views, unless specified otherwise by us. We shall not be responsible for and disclaim all liabilities in respect of any comments, views or remarks expressed in any User Content.

Monitoring of Content. e have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to and do not exercise any control or judgment of its content. Notwithstanding the foregoing we shall be entitled to remove or reject any User Content and remove or suspend your ability to make or access User Content.

We have no obligation to monitor any designed characters. Nevertheless, we may delete or alter any character for any reason, at any time, without notice, or refuse to complete an order if the designed character is deemed by us to violate these Terms.

Suspension and Termination of the Service.We may, at any time without notice, change, suspend, or terminate your use of the Service without compensation if or when: a competent regulatory authority requires us to do so; we reasonably suspect that you breach of any of these Terms; we need to update or upgrade the contents or functionality of the Service; you remain inactive for any period of time chosen by us in our absolute discretion; there are any commercial or any other reason as we may determine in our absolute discretion.

Indemnification. You understand and agree that you are solely and personally responsible for your use and your behavior on the Site. You agree to indemnify, defend, and hold harmless Minockio, and any of our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Site and the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) material that you design and order through the Site, (b) any violation of these Terms, (c) any violation of any rights of a third party or (d) any improper use or illegal use of your account by you or whom you have negligently allowed to access your account.

Disclaimer of Warranty and Limitation of Liability. The Service, the Site, and all related products and services are provided “as is” with no warranties whatsoever. All express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, We disclaims any warranties for the security, reliability, timeliness and performance of this service. We do not warrant that the functions performed by the Service will be uninterrupted or error-free, or that the Site or the servers that support it will be free from viruses or other harmful components. We do not warrant the accuracy or completeness of any content related to products on this Site.

You understand and agree that the use of the Site, and the design or order of any characters through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result from the use of the Site. You are solely responsible for creating back-ups of your digital content. In the event of any mistake by Minockio, such as the shipment of a defective product, We will be liable only to the extent of our return policy.

Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, We shall not be liable for any indirect, incidental, consequential, special, exemplary and punitive damages arising out of (i) the use of or inability to use the Site or the Service, (ii) any transaction conducted through or facilitated by the Site (iii) any claim attributable to errors, omissions, or other inaccuracies in the Site or the Service, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Site or the Service or products offered on the Site, even if Minockio has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Minockio’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall in no event exceed US$100.00.

Governing Law & Exclusive Jurisdiction. This Agreement shall be governed by the laws of the Kingdom of Thailand without giving effect to any principles of conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Kingdom of Thailand. You further agree to submit to the personal jurisdiction of the courts located in Kingdom of Thailand for any and all legal claims, suits or actions that arise in connection with this Service or from a dispute as to the interpretation or breach of these Terms.

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Failure to enforce any of these Terms and conditions will not be deemed a waiver of any term or right.

These Terms and conditions constitute the entire agreement between you and Minockio and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally.

Amendment. We reserve the right to amend these Terms and conditions at any time. All amendments to these Terms and conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and conditions.