Thank you for visiting the asianpacificnoni.com website (the "Site"). asianpacificnoni.com is the online presence of Asian Pacific Noni Co. Ltd. Thailand. The Site is designed to be an information resource for current and potential consumers of Noni Juice products, an online retail point of purchase, and an information resource for distributors, retailers and importers of Noni Juice products. We provide information about the reported
health benefits of our products and "Noni" [Morinda
citrifolia linn] in general. However, we neither offer nor
claim to treat or cure any kind of specific ailment, condition
or disease. If you are suffering from a specific or general complaint
or condition, we urge you to seek the advice of the qualified
health-care practitioner of your choice.
asianpacificnoni.com and its affiliates ("we, us, our")
want each visitor to the Site ("you") to have a safe,
pleasurable visit, so we have established the following terms
and conditions so that we (we and you) know what to expect from
each other. By using the Site you agree to be bound by the terms
set forth herein. We may make changes to the Site, these Terms
of Use, or the policies and conditions that govern the use of
the Site at any time. We encourage you to review the Site and
these terms periodically for any updates or changes. Your continued
access or use of the Site shall be deemed your acceptance of these
changes and the reasonableness of these standards for notice of
changes.
TERMS
OF SALE - SHIPPING ADDRESS
To make purchases on the Site, you must
have a valid shipping address accessible to our designated carrier,
DHL, and other couriers and shipping agents. We cannot send to
post offices or private postal box services, and the purchaser
or an authorized representative must be present to sign for each
shipment at time of delivery.
TERMS
OF SALE - IMPORT/EXPORT DUTIES
The purchaser agrees to be bound to all
terms of law within the destination country, and to be held accountable
and responsible for knowing and abiding by all procedures, rules
and regulations associated with sending food and beverage goods
to their country. Before ordering, please make sure you are familiar
with current rules governing food shipments to the required destination.
"). You agree that asianpacificnoni.com, Asian Pacific Noni Co. Ltd. Thailand shall not be held liable or responsible for any fees, duties, levies,
taxes, damages or consequences of any kind arising out of border
or customs clearances. UNDER NO CIRCUMSTANCES WILL ANY REFUNDS
BE ISSUED FOR THE PURCHASER’S FAILURE TO ASSESS THE REGULATIONS
GOVERNING SHIPMENT OF GOODS OFFERED ON THE SITE TO THEIR DESTINATION.
BY PLACING YOUR ORDER WITH US ON THE SITE OR BY OTHER MEANS, YOU
AGREE TO BE HELD RESPONSIBLE AND TO PAY ANY FEES, DUTIES, LEVIES,
TAXES OR OTHER CONSEQUENTIAL EXPENSES ASSOCIATED WITH CUSTOMS,
IMPORT, EXPORT AND GENERAL SHIPMENT OF GOODS OFFERED BY US.
TERMS
OF SALE - LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE
SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE
SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
You agree to indemnify and hold
us, and our subsidiaries, affiliates, officers, directors, agents,
co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post
to or transmit through the Site, your use of the Site, your connection
to the Site, your violation of the Terms of Use, or your violation
of any rights of another.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may
disclose any Content, records, or electronic communication of
any kind (i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate
the Site; or (iii) to protect our rights or property or the rights
of the users, Sponsors, Providers, Licensors, or Merchants. We
are not responsible for screening, policing, editing, or monitoring
such Content. If notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content, we may investigate the
allegation and determine in our sole discretion whether to remove
or request the removal of such Content from the Site.
We may terminate your access,
or suspend your access to all or part of the Site, without notice,
for any conduct that we, in our sole discretion, believe is in
violation of any applicable law or is harmful to the interests
of another user, a third-party Provider, Merchant, Sponsor, Licensor,
service provider, or us.
Because customer service is
paramount to our business, we reserve the right to refuse to sell
products to you if it reasonably appears to us that you intend
to resell the products. In addition, we reserve the right to limit
quantities of items purchased by each customer.
PRIVACY
Please review our Privacy Policy, which also governs your visit
to the Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail
or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications we provide to you
electronically satisfy any legal requirement that such communications
be in writing.
TRADEMARKS
asianpacificnoni.com, and the following are our trademarks and
service marks:
Traditional Noni Juice
Thailand’s Finest
Noni For The World
Amazing Noni
All other trademarks, product
names, and company names and logos appearing on the Site are the
property of their respective owners.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the checkout form for your account information
(the "Account Information") and (b) maintain and promptly
update the Account Information to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
we may suspend or terminate your account and refuse any and all
current and future use of the Site. Account Information and certain
other information about you is subject to our Privacy Policy.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits
any other user from using or enjoying the Site will not be permitted.
You agree to use the Site only for lawful purposes. You are prohibited
from posting on or transmitting through the Site any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, fraudulent, racially,
ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would
constitute a criminal offence, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international
law.
You agree that your use of robots,
spiders, crawlers, wanderers, Web agents and other such automated
processes on the Site will be Standard for Robot Exclusion (SRE)
-compliant robots ("robots") and when connecting to
the Site, prior to downloading or indexing any pages on the Site,
such robots will immediately visit http://www.asianpacificnoni.com/robots.txt
("the robot.txt file") [if present on the Site]. You
understand that the robots.txt file is the only means by which
robots are authorized to access the Site. You agree not to violate
any of the robot access policies and acknowledge that any violation
of the policies may result in termination of your access to the
Site, deactivation or deletion of your account and all related
information and files in your account, and preclusion of any further
access to such files or the Site, without prior notice.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Site, use of the Site, or access to the Site.
You agree not to access the
Site by any means other than through the interface that is provided
by us for use in accessing the Site.
SITE CONTENT
You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds,
and other material (collectively "Content") that are
protected by copyrights, trademarks, or other proprietary rights,
and that these rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed. All Content
is copyrighted as a collective work under the international copyright
laws, and we own a copyright in the selection, coordination, arrangement,
and enhancement of such Content. You may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions
are displayed, you may make copies of select portions of the Content,
provided that the copies are made only for your personal, information
and non-commercial use and that you do not alter or modify the
Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or
other proprietary rights notices.
COLOR/PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible
the colors of our products that appear at the Site. However, as
the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.
We have attempted to be as accurate as possible. However, we do
not warrant that the product descriptions are accurate, complete,
reliable, current, or error-free.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's
web site. These links will let you leave the Site. The linked
sites are not under our control and we are not responsible for
the contents of any linked site or any link contained in a linked
site, or any changes or updates to such sites. We are not responsible
for webcasting or any other form of transmission received from
any linked site. We provide the links to you only as a convenience.
We do not endorse the site or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments
regarding our products and the Site. You may send reviews of products
or services, comments, suggestions, or other material ("Submissions")
so long as the content of your Submission is not unlawful, threatening,
abusive, spiteful, defamatory, invasive of privacy, obscene, profane,
sexually explicit, fraudulent or otherwise objectionable or injurious
to third parties (including, but not limited to, any content that
encourages conduct that would constitute a criminal offence, give
rise to civil liability, or otherwise violate applicable law).
You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of your Submission.
asianpacificnoni.com reserves the right (but not the obligation)
to edit any Submissions.
By posting or sending us any
Submission, you grant asianpacificnoni.com and its subsidiaries
a non-exclusive, royalty-free, perpetual, irrevocable and fully
sub licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such Submission throughout the world in any media. You also grant
asianpacificnoni.com and its subsidiaries the right to use the
name you submit in connection with such Submission.
By posting or sending us a Submission,
you represent and warrant that you own or otherwise control all
of the rights to the content in your Submission, that the content
you provide is accurate, and that use of the content in your Submission
does not violate this policy and will not cause injury to any
person or entity. You agree to indemnify asianpacificnoni.com and
its subsidiaries against all claims and liabilities resulting
from your Submission. asianpacificnoni.com does not take any responsibility
and assumes no liability for any Submission posted by you or any
other person or entity.
APPLICABLE LAW
We control the Site from our offices within Thailand. We make
no representation that the Content in the Site is appropriate
or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those
who choose to access the Site from other locations do so on their
own initiative and are responsible for compliance with applicable
local laws. You may not use or export the Content in violation
of applicable international export laws and regulations. Any claim
relating to the Site, the services provided through the Site or
the Content shall be governed by the internal laws of the Kingdom
of Thailand.
TERMINATION
These terms are effective until terminated by either party. If
you no longer agree to be bound by the Terms of Use, you must
cease your use of the Site. Subject to applicable law, we reserve
the right to suspend or deny, in our sole discretion, your access
to all or any portion of the Site with or without notice. You
agree that any termination of your access to the Site may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information
and files in your account and bar any further access to such files
or the Site. Further, you agree that we shall not be liable to
you or any third-party for any termination of your access to the
Site.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us
(you and us) and govern the use of the Site. You also may be subject
to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software.
Our failure to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
Terms of Use remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Site or the Terms of Use
must be filed within one year after such claim or cause of action
arose or be forever barred.
The section titles in the Terms
of Use are for convenience only and have no legal or contractual
effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied
and is accessible on the Site in a way that constitutes copyright
infringement, you may notify us by providing our copyright agent
the following information:
1. an electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright interest;
2. a description of the copyrighted
work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists
or a copy of the copyrighted work;
3. identification of the URL
or other specific location on the Site where the material that
you claim is infringing is located;
4. your address, telephone number,
and email address;
5. a statement by you that you
have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
6. a statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our agent for notice of claims
of copyright infringement on the Site can be reached as follows:
By mail:
Legal Dept.
Asian Pacific Noni Company Limited. Thailand
101/16 Moo 4 Klange
MUANG RAYONG 21160
THAILAND
