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Luxasia Pte Ltd, its Subsidiaries and Affiliated Companies (“Luxasia”)
Updated as at 27 Apr 2018
Overview and Scope
Your personal data privacy is important to us and Luxasia is highly committed to respecting and managing your Personal Data collected in line with this Policy.
When and what kind of Personal Data do we collect?
Luxasia may collect, use and disclose the following data about you:
1. When you provide Personal Data by filling in forms on any of the Luxasia Group of Companies’ websites and web-based programs, when giving feedback, asking queries, requests and submissions; 2. If and when you contact Luxasia, we may keep a record of that correspondence; 3. Details of your visits to our website including, but not limited to, cookies, location data, weblogs and other communication data, that you access; 4. When you fill up a customer data form or join any of Luxasia’s membership programme at any Luxasia retail outlet, counter or pop-up store; 5. If you enter into any contract with Luxasia or purchase any products from Luxasia; 6. If you participate in any exhibition/event organised by Luxasia or where Luxasia is a participant. 7. When you provide Personal Data by filling in forms for specific services
Luxasia may collect the following kinds of Personal Data through the different channels mentioned above:
1. Name; 2. ID/Passport/Work Permit/TIN numbers and copies; 3. Date of Birth; 4. Mailing and residential addresses; 5. Email addresses; 6. Telephone numbers; 7. Gender; and 8. Photos and CCTV/videos; 9. Medical history and/or skin conditions (for specific services)
What purposes does Luxasia Collect, Use and Disclose Personal Data?
Luxasia may use the information we collect from you for any of the following purposes:
1. To perform or carry out Luxasia’s obligations arising from any contracts entered into between you and us (i.e. purchase and delivery of Luxasia’s products and services); 2. To enable Luxasia’s subcontractors, third-party agents and service providers, to fulfil obligations as stipulated in your contract with Luxasia; 3. To handle products and services requests and enquiries (including payments for products and services); 4. To administer and update your records in our databases; monitoring and maintaining a copy of your record of previous transactions; 5. To facilitate the delivery, maintenance and enhancement of Luxasia’s products, services, programmes, activities, and events; 6. To plan, monitor and enhance the provision of new products, services, projects, programmes, activities, and events; 7. To improve Luxasia’s customer service through your feedback and provide recommendations; 8. To process your enquiries and any and all other ancillary administrative purposes; 9. To send regular e-newsletters; 10. To process, formulate, tabulate or evaluate contest information, promotion or other marketing activities; 11. For communications, marketing, and publicity purposes; 12. For government, audit, and other regulatory purposes; 13. For security, surveillance, and monitoring purposes; 14. For internal reporting and/or accounting purposes; and 15. Purposes incidental to each or all of the above.
We may also contact you by any means of communication for which you have given us contact details, including but not limited to via email, telephone numbers, and post, for the purpose of getting your feedback or for providing you with information which we believe could be of interest to you or your organisation.
By your submission of your Personal Data to us, you consent to the onward disclosure of your Personal Data to these agents or service providers and the processing of your Personal data by these agents or service providers. These agents and service providers include:
1. Affiliated companies within Luxasia for marketing and administrative purposes (i.e. verification and IT purposes); and 2. Marketing partners and third-party service providers (such as subcontractors, agents or network operators providing IT, website, customer relationship management and marketing support) who perform functions such as marketing. The entities to whom we disclose your Personal Data may be located in a range of countries.
The countries in which these third parties are located will depend on the circumstances. In the ordinary course of business we commonly disclose Personal Data to parties located in Philippines. Luxasia may also disclose or transfer out of the country personal data as permitted or required by law. In the event any cross-border transfer or disclosure is required, we will take steps to ensure that the recipient organisation will take reasonable measures in the protection of your personal data.
Consent for the collection and use of my Personal Data
In this regard, please note that it is on your part to ensure that all personal data submitted to us is complete, accurate, true and correct at the time of submission. Failure on your part to do so may result in our inability to provide you with products and services you have requested.
Please note that if you do not consent to any of the above business purposes, Luxasia may also be unable to meet the purposes for which the information was collected.
Luxasia shall not be liable for any damage, claim and/or harm suffered by you as a result of your failure to update us of any change of your Personal Data.
Does Luxasia disclose Personal Data to third parties?
Luxasia may disclose your Personal Data to any member of our group, which means our subsidiaries, affiliates, our ultimate holding company and its affiliates or subsidiaries, as defined in the Companies Act (Cap. 50).
On occasion, Luxasia may use third party agents and service providers to assist us in the use of your Personal Data as outlined under "What purposes does Luxasia Collect, Use and Disclose Personal Data?" You consent to such use of your Personal Data by continuing to browse on Luxasia’s website.
Luxasia will not transfer Personal Data within or outside Philippines unless it is ensured that the Personal Data will be accorded a level of protection which is comparable to the protection under the PDPA.
For how long does Luxasia retain my Personal Data?
Luxasia will cease to retain Personal Data, as soon as it is reasonable to assume that the purpose for collection of such personal data is no longer being served by such retention, and such retention is no longer necessary for legal or business purposes.
How does Luxasia protect your Personal Data?
The Personal Data that we hold about you will be stored on our servers. Luxasia implements a variety of security measures to maintain the safety of your submitted information. All electronic storage and transmission of personal data is secured and stored on managed servers with controlled access and appropriate security technologies.
Although every reasonable effort has been made to ensure that all personal data will be so protected, Luxasia cannot be responsible for any unauthorised use or misuse of such information and from risks which are inherent in all internet communications.
Your Personal Data will only be disclosed for the express purpose of delivering the product or service requested and shall not be sold or disclosed to any other company for any other reason whatsoever without your consent.
Links to third party websites from Luxasia’s website
Access and Correction of Personal Data
Please contact us via email@example.com should you wish to have access to or seek to update, correct or withdraw the consent to collect and use your Personal Data. Your email should identify yourself and state which Personal Data and information about its use and/or disclosure is requested.
Luxasia reserves the right to change this Policy with or without notice from time to time.
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1. Use of the Website.
You may use the Website only in accordance with and subject to these Policies. Once you complete and submit your registration, you agree to abide by the Policies and have opted in to receive email communication from us. You may not use the Website for any purpose that is unlawful or prohibited by these Policies, or to solicit the performance of any illegal activity or other activity which infringes the rights of members of the Luxasia Group. Notwithstanding any other rights or restrictions in these Policies, you may not use this Website to: (a) transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; (b) introduce to the Website or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Website or an employee of the Luxasia Group; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Website or any component of this Website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2. Membership Enrolment.
This website is available to registered members 18 years and older. Upon registration, you are required to provide information about yourself that is true, accurate, current, and complete in all respects (“Personal Data”). You may update your registered profile at any time by signing into your account and selecting “Update Profile”. We may also change registration requirements from time to time. The Luxasia Group reserves the right to terminate your account and your use of the Website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete, or inaccurate.
3. Additional Terms and Conditions.
4. Accuracy of Content; Limitations on Quantity.
The information on this Website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Website at a particular time does not guarantee that the products or services will be available.
5. Credit Card Payment.
In a credit card transaction, you must use your own credit card. The Luxasia Group will not be liable for any credit card fraud. The liability for fraudulent use will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
6. Proprietary Rights.
Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Website, or otherwise communicated in connection with your use of the Website (collectively, "Submissions") shall be and remain the exclusive property of the Luxasia Group with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO THE LUXASIA GROUP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO THE LUXASIA GROUP, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR WILL CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO THE LUXASIA GROUP THAT THE LUXASIA GROUP IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE LUXASIA GROUP, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. The Luxasia Group takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
8. Links to Third-Party Web Websites
This Website may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
10. Disclaimer of Warranty.
THE WEBSITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE LUXASIA GROUP DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
11. Limitation of Liability.
IN NO EVENT SHALL THE LUXASIA GROUP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY THE LUXASIA GROUP, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE LUXASIA GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MEMBERS OF THE LUXASIA GROUP, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE LUXASIA GROUP IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MEMBERS OF THE LUXASIA GROUP, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE LUXASIA GROUP.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website and shall also include all product liability claims. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
12. International Use.
We make no representation that information on this Website is appropriate or available for use outside of Philippines. Those who choose to access this Website from outside of Philippines do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Risk of Loss.
The items purchased from our Website are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
The Luxasia Group is not affiliated with web sites or third parties that sell or advertise our products without a written agreement with us. The Luxasia Group reserves the right to void all service, return, and other policies for orders and products that were purchased through unauthorized sellers. The Luxasia Group is not responsible for any representations by unauthorized sellers.
15. Unavailability of Website; Termination; Fraud.
16. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. With regards to copyright issues, kindly send an email to: firstname.lastname@example.org.
SUBMISSION AND ACCEPTANCE OF ORDERS
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers. You may place an order through the Website by clicking on the ‘Place Order’ button. Shortly after the order is successfully submitted, an acknowledgment email will be sent to you at the email address provided at registration or on submission of your order. This acknowledgment email confirms the details of your order and is not an acceptance of your order. If you do not receive an acknowledgment email from the Luxasia Group within two working days, please contact the Luxasia Group's Customer Service at email@example.com. Please note that the acknowledgment e-mail does not constitute a guarantee as to the availability of the Products. Once an order has been placed, no changes can be made to your order.
Returns and Exchanges
For incorrect or defective items shipped, we have a 7 business days return or exchange policy upon receipt of order by the customer, subject to the following terms and conditions:
Item must be in their original purchase condition, including the original product packaging, manufacturer's containers, documentation, and all accessories. All packaging must be unmarked and not defaced in any manner.
Any item that you received with tags attached must be returned with those tags intact.
Items purchased as part of a set or multi-item pack has to be returned as a whole set.
This return or exchange policy does not apply to items that have been stated as Non-exchangeable and Non-refundable on the Website. All returns will be reviewed first by The Luxasia Group and we reserve the right to perform remedies including:
Replacing the product with a new item, or
Full refund will be made in online store credits with a validity period of 365 days.
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