Terms and Conditions
GENERAL WEBSITE Terms and Conditions
“Terms and Conditions”
This is not the terms and conditions under which we conduct business. If you are looking for the terms and conditions under which we do our business, please send us an email at info@thecapitalretail.com
Capital Retail Myanmar Website Terms & Conditions
Last updated on the 24 August 2020.
This website (the “Site”) is operated by Capital Retail Myanmar Limited, No. 14(E) Min Nandar Road, Dawbon Township, Yangon, Myanmar.
This is the terms and conditions under which you can access and use this Site. By using the Site, you confirm your understanding and agreement to these terms and conditions.
License
The contents of our Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under copyright, trademark, and other laws. These contents belong or are licensed to Capital Retail Myanmar and or its group of companies and affiliates. Capital Retail Myanmar hereby grant you the right to view and use our Site subject to these Terms and Conditions. It is expressly prohibited to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose, unless prior written consent is obtained in advance from Capital Retail Myanmar
External Links
This Site and/or the materials may contain links to third party sites.
This site includes Google Maps/Google Earth APIs. Your usage of such applications from this Site indicates your agreement to be bound by Google’s Terms of Use. (http://www.google.com/intl/en_ALL/help/terms_maps.html). Every time you use these applications, you consent to Capital Retail Myanmar’s access, monitoring, use and disclosure to third parties of any data that you may submit through those applications.
Capital Retail Myanmar will use all reasonable efforts, to its knowledge, to ensure that the content of any third party sites is compliant with its obligations under the laws of Myanmar and, should the foregoing be compromised, or is in a situation where compromise may possibly occur, Capital Retail Myanmar will use its all reasonable efforts to inform you without delay. If you decide to visit any third party site, you do so at your own risk and you hereby waive your rights to claim any compensation whatsoever that may arise therefrom. Capital Retail Myanmar is not responsible for the content, accuracy or opinions expressed in such sites. Links do not imply that Capital Retail Myanmar is, or our Site is, affiliated to or associated with such sites. Capital Retail Myanmar accepts no responsibility or liability for any material supplied by or contained on any third party site.
Availability
Capital Retail Myanmar cannot guarantee that you will have uninterrupted access to this Site or to any site to which a link is provided. Capital Retail Myanmar accepts no responsibility for any damages or losses arising out of the loss of use of any the information on the Site.
Your Responsibility and Release
Capital Retail Myanmar assumes all responsibility for your use of and access to this Site, any literature and information it contains (“content”), and waive all claims or causes of action against Capital Retail Myanmar, its officers, directors, employees, agents and affiliates in connection therewith under any theory of liability or indemnity, including but not limited to damages for loss of use, loss of data (including user submissions or other content) or programs, lost profits, business interruption, indemnification of third parties, and the like, even if Capital Retail Myanmar is expressly advised of the possibility of such damages and regardless of whether such damages arise out of contract or tort.
Limitation of Liability
To the extent that the limitation of liability set forth in the paragraph above is unenforceable under applicable law, in no event shall Capital Retail Myanmar, its affiliates, officers, directors, employees, and agents, be liable for: (a) losses or damages in excess of the greater of five hundred thousand Myanmar Kyats (500,000 MMK) or the minimum amount required under applicable law, or (b) any indirect, special, exemplary, punitive, incidental, or consequential losses or damages.
Disclaimer
This Site and its content are provided “as is” and “as available.” Capital Retail Myanmar disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with respect to the Site and its content. Capital Retail Myanmar makes no guarantee that the information on this Site is up-to-date, accurate, or complete, and you should not rely on it for any decision or to take any action. Capital Retail Myanmar hereby disclaim any warranty that the information on this Site will be free of interruption, or that the Site is free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the Site.
Indemnity
You agree to indemnify, defend and hold harmless Capital Retail Myanmar, its officers, directors, employees, agents and affiliates from and against install losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms and Conditions or any activity related to use of the Site (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf.
Severability
The provisions of these Terms and Conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
Amendment of these Terms and Conditions
Capital Retail Myanmar reserves the right to amend these Terms and Conditions, including the Privacy Policy from time to time. Any such amendment will be effective once the revised Terms and Conditions have been posted on this Site.
General Competition Terms
From time to time, Capital Retail Myanmar may run notices for competitions from our group of companies on this Site or on our Facebook page. When you enter those competitions, you will become a “Participant” and the following general competition terms and conditions shall apply.
By entering into competitions on this Site or on our social media pages, the Participant agrees to abide by these general competition terms and any specific competition details published or made available by Capital Retail Myanmar in respect of the relevant competition. If the Participant is not an adult, the Participant’s competition entry, the specific competition details published or made available by Capital Retail Myanmar in respect of the relevant competition and these general competition terms must be approved by the Participant’s adult guardian.
The Participant represents and warrants that the Participant is the sole owner of the intellectual property rights and ideas contained in the Participant’s competition entries. By entering into the competition, the Participant hereby transfers all right, title and interest in that intellectual property in the Participant’s competition entries to Capital Retail Myanmar as the sponsor of the competition. The Participant agrees to execute any document which Capital Retail Myanmar may request in order to complete or record that transfer. The Participant acknowledges and agrees that Capital Retail Myanmar may use the intellectual property and ideas contained in the Participant’s competition entries in its future commercial operations, including in its marketing or promotional activities and the Participant agrees that they will not be remunerated for any such usage.
The Participant shall be disqualified from the competition and any competition prize that may be awarded to the Participant shall be returned to Capital Retail Myanmar if: (a) the Participant is not an adult and the Participant’s competition entry, the specific competition details published or made available by Capital Retail Myanmar in respect of the relevant competition and these general competition terms have not been approved by the Participant’s adult guardian; (b) the Participant is not the sole owner of the intellectual property rights contained in the Participant’s competition entries or the Participant is otherwise unable to transfer all rights, title and interest in the intellectual property in the Participant’s competition entries to Capital Retail Myanmar; (c) Participant has offered or given anything of value to Capital Retail Myanmar or Capital Retail Myanmar’s respective staff or representatives in connection with the competition; or (d) the Participant is an employee or associate of Capital Retail Myanmar or a family member or associate of an employee of Capital Retail Myanmar.
Capital Retail Myanmar may collect information about the Participants for the purpose of administering the competition. The Participant agrees and acknowledges Capital Retail Myanmar may use that information for other business purposes, including marketing products and services to the Participant and Capital Retail Myanmar may share that information with others for those purposes.
Capital Retail Myanmar shall select the winner(s) of the competition in its sole discretion. Capital Retail Myanmar shall not be required to explain to Participants the reasons for the selection of the winner(s) and no correspondence will be entered into in that regard. Capital Retail Myanmar reserves the right to terminate the competition at any time in its sole discretion.
The Participant agrees and acknowledges that in the event that the Participant is selected as the winner of the competition: (a) the Participant will be responsible for any tax, duties or charges levied in respect of the competition prize; (b) the Participant agrees that it will accept the competition prize “as is”. Capital Retail Myanmar gives no warranties as to the condition or suitability of any competition prize that may be awarded to the winner(s) of the competition. The winner(s) of the competition shall not be entitled to transfer, exchange or redeem the competition prizes for cash with Capital Retail Myanmar for any reason.Capital Retail Myanmar is not responsible for any variation in the value of the competition prize from the time of the Participant’s entry into the competition and the award of any competition prize.
Capital Retail Myanmar shall not be liable to the Participant for any costs or expenses incurred by the Participant or the Participant’s associates in the preparation of the Participant’s competition entry or for any loss of anticipated profits, revenues or opportunities suffered by the Participant in respect of the Participant’s participation in the competition.
The Participant agrees and acknowledges that the competitions published on our social media pages are not sponsored, endorsed or administered by or associated with social media and the Participant hereby releases social media from all liability in respect of that competition.
Applicable Law
These Terms and Conditions are governed by and will be construed in accordance with the laws of the Republic of the Union of Myanmar. Any disputes arising under or in connection with these Terms and Conditions shall be settled amicably, and only upon failure to do so shall be settled by arbitration under the rules of arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said rules. Such arbitration shall take place in Singapore and the language of arbitration shall be English.
