1 These terms
1.1 These terms of use (“Terms of Use” or “Terms”) govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications, when you purchase something from us, and any information or content appearing therein (collectively our “Platform”).
1.2 Please read these Terms of Use carefully before accessing or using our Platform. By accessing or using any part of our Platform, you agree to be bound by these Terms of Use, regardless of whether you are a paying user, non-paying visitor, vendor, customer, merchant, and/ or contributor of content. The Terms include those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1.3 If you do not agree to all the terms and conditions in these Terms of Use, then you must not access or use any part of our Platform. If these Terms of Use are considered an offer, acceptance of which is only on the terms set out in these Terms of Use. There can be no variation to any term or condition in these Terms of Use unless Kogi Mind has agreed to such variation in writing.
1.4 By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our Platform.
1.5 If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
1.6 The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms.
1.7 Your submission of personal data on our Platform is governed by our Privacy Policy. By using our
Platform, you agree to be bound by the Privacy Policy and consent to our collection, use and disclosure of such data and information in the manner set out in the Privacy Policy and for the purposes stated therein.
2 About us and how to contact us
2.1 We are Kogi Mind Pte. Limited, a company registered in Singapore, trading as Kogi Mind. Throughout our website and these terms of use, the terms “Kogi Mind”, “we”, “us” and “our” refer to Kogi Mind Pte Ltd. Our company registration number is 202222971R and our registered office is at 160 Robinson Road #14-04 Singapore 068914.
2.2 Part of our Platform is an on-line store hosted on Shopify Inc (“On-line Store”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
2.3 For any questions or problems relating to our Platform, our products or services, or these Terms, you can contact us by emailing our customer service team at cs@kogimind.com or writing to us at 160 Robinson Road #14-04 Singapore 068914.
2.4 As part of providing the Platform, we may need to provide you with certain communications, such as service announcements and administrative messages. If you wish to opt out from receiving such communications, which may affect your use of our Platform, please contact our customer service team at cs@kogimind.com.
2.5 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.6 When we use the words "writing" or "written" in these terms, this includes emails.
3 Changes of terms
3.1 We may amend these Terms from time to time by posting the updated Terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. You can review the most current version of the Terms of Use at any time on our Platform. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the updated Terms of Use.
3.2 Any new features or tools which are added to the current On-line Store shall also be subject to the Terms of Use.
4 Availability of our Platform
4.1 We reserve the right to refuse use of our Platform to anyone for any reason at any time.
4.2 We are constantly changing and improving the functionalities and features our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities and features of our Platform, and we may suspend or stop certain products, services, or functionalities and features of our Platform altogether. If we discontinue certain products, services, or functionalities and features of our Platform, we will give you advance notice where reasonably possible.
4.3 We may release products, services, or functionalities and features of our Platform that we are still testing and evaluating. We will label them as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta products, services or functionalities and features of our Platform are not as reliable as other products, services or functionalities and features of our Platform that we offer.
4.4 We reserve the right to limit your use of our Platform and the products or services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any products or services we provide.
4.5 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted, continuous, timely, secure or error-free. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.6 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5 Your account and password
5.1 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these Terms.
5.4 You agree to follow our Acceptable Use Policy, which is set out at the end of these Terms.
5.5 You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
6 Use of the Platform
6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
6.2 Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
6.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
7 Our products or services (as applicable)
7.1 Prices for our products or services are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of such product or service.
7.2 Certain products or services may be available exclusively online through our Platform. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
7.3 We have made every effort to display as accurately as possible the colours and images of our products that appear at the On-line Store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
7.4 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of the products or services or product or service pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
7.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
7.6 Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
7.7 We undertake no obligation to update, amend or clarify information on our Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to any part of our Platform should be taken to indicate that all information on our Platform has been modified or updated.
7.8 The information on our Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information on our Platform is at your own risk.
7.9 Our Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents on our Platform at any time, but we have no obligation to update any such historical information. You agree that it is your responsibility to monitor changes to our Platform.
8 Your rights
8.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to applicable provisions in our Privacy Policy.
8.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
8.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
8.4 You understand that Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8.5 If you believe your intellectual property rights have been infringed, please contact us by emailing us at cs@kogimind.com.
9 Our rights
9.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
9.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
9.3 Our name “Kogi Mind” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
10 Accuracy of billing and account information
10.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our On-line Store. You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10.3 For more details, please review our Refund Policy.
11 Optional tools
11.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
11.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
11.3 Any use by you of the optional tools offered through our Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.4 We may also, in the future, offer new products, services and/or features through our Platform (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
12 Third-party links
12.1 Certain content, products and Services available via our Platform may include materials from third-parties.
12.2 Third-party links on our Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13 Feedback
13.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
13.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
13.3 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
13.4 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
13.5 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Platform. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14 Limitation on liabilities
14.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
14.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a)we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b)we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c)we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
(d)we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e)we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
(f)we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
14.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a)any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b)any loss of data, business, opportunities, reputation, profits or revenues,
relating to the use of our Platform or any products or services we offer.
14.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
14.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by agreement.
14.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
14.7 We do not warrant that the results that may be obtained from the use of our Platform will be accurate or reliable.
14.8 You agree that from time to time we may remove use of our Platform for indefinite periods of time or cancel use of our Platform at any time, without notice to you.
14.9 You expressly agree that your use of, or inability to use, our Platform is at your sole risk. The Platform and all products and services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14.10 In no case shall Kogi Mind or Our Entities be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Platform, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15 Your representation
15.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
15.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
16 Indemnity
16.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (i) your use of our Platform and/or (iii) any misrepresentation made by you.
16.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
16.3 You agree to indemnify, defend and hold harmless Kogi Mind and our Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17 Termination
17.1 These terms will continue to apply until terminated by either you or us as follows.
17.2 You may stop using the Platform any time by deactivating your account.
17.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a)you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b)you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c)we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d)our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
17.4 Upon termination of your access, these Terms will also terminate except for Clauses 14 to 21.
17.5 Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
17.6 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
17.7 These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Platform, or when you cease using our Platform.
17.8 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).
18 Entire agreement
18.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
18.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
19 Other important terms
19.1 We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the agreement with the transferee, you may contact us to end the agreement within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products or services not provided.
19.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Except as specifically provided hereunder, a person who is not a party to the agreement shall have no right under the Contracts (Rights of Third Parties) Act of Singapore.
19.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
19.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
19.6 Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
20 Contact
If you have any questions about these terms or the Acceptable Use Policy, please contact us. Our contact information is posted below:
KOGI MIND
cs@kogimind.com
Kogi Mind Pte. Ltd., 160 ROBINSON ROAD #14-04, Singapore 068914
202222971R
21 Governing law and dispute resolution
21.1 These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore.
21.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Kings Law LLC. by emailing them at cyrus@kingslaw.com.sg will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Acceptable Use Policy
As part of the Terms of Use, you agree not to misuse the Platform or help anyone else to do so. You agree not to do any of the following in connection with the Platform:
(a)use our Platform or any of our products or services for unlawful or unauthorised purposes;
(b)to solicit others to use our Platform or any of our products or services for unlawful or unauthorised
purposes;
(c)re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(d)probe, scan, or test the vulnerability of any system or network;
(e)breach or otherwise circumvent any security or authentication measures or service use limits;
(f)access, tamper with, or use non-public areas or parts of the Platform;
(g)interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(h)reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(i)access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(j)send unsolicited communications, promotions or advertisements, or spam;
(k)forge any TCP/IP packet header or any part of the header information in any email;
(l)send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(m)conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(n)abuse referrals or promotions;
(o)post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(p)violate the letter or spirit of our Terms of Use;
(q)violate applicable local or international laws or regulations in any way;
(r)violate the privacy or infringe the rights of others;
(s)infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(t)harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(u)submit false or misleading information;
(v)upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Platform, other websites, or the Internet;
(w)collect or track the personal information of others;
(x)spam, phish, pharm, pretext, spider, crawl, or scrape;
(y)for any obscene or immoral purpose; or;
(z)interfere with or circumvent the security features of our Platform, other websites, or the Internet.
Last updated: 12 April 2023