Tykhe s.p., Slovenian Business Register Company number: 6172857000 (“we”, “us”, “our” and “Namman Muay”) of Stantetova 32, 3320 Velenje, Slovenia (EU) is the owner and operator of the site devakam.com are the owners and operators of devakam.com. These terms be referenced to as “we”, “us”, “our” and “Namman Muay”. Our headquarters are at Stantetova 32, 3320 Velenje, Slovenia (EU).
These terms (“Terms”) set out how you may use the Sites and the content within them, both when you register for and use a Devakam.com Account (“Devakam.com Account”), when you use the Sites as a guest (i.e. where you use and/or browse the Sites without logging into a Devakam.com Account) and when you visit our Stores. Use includes without limitation accessing, browsing (with or without purchase), registering and/or submitting any Contributions (defined below).
These Terms also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Twitter, Instagram, Snapchat and Youtube) (“Social Media”). Interacting in this context includes without limitation: joining our official Namman Muay group/page, following us, “liking”, “retweeting”, or writing a comment in relation to a page, or submitting a Contribution (defined below) on the Social Media (“Interacting” or “Interaction” (as applicable)).
The Sites, Stores and the Social Media shall together be referred to as the “Services” in these Terms.
Please read the Terms and the Other Terms carefully before you start to use the Services. By using the Sites, Stores and Interacting with us on the Social Media, you are agreeing to these Terms and the Other Terms (collectively “Our Terms”) and agree to comply with them. If you do not agree to Our Terms you must not use the Services.
You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of Our Terms and that they comply with them.
We reserve the right to amend these Terms from time to time. The Terms were most recently updated on 19 July 2017.
1. Content on the services
The content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely.
We will update the Services from time to time, and may change the content at any time.
Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up-to-date.
We do not guarantee that the Services or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice.
2. Placing an order on the website
When you go through the checkout process and place an Order with us on the Sites (even where you are a guest i.e. where you have not logged into a Devakam.com Account (“Guest”)) you will provided to us various information about you including your name, email address, payment address, delivery address and telephone number. You must ensure that the details you input are correct and personal to you (e.g. you must not use a generic email address (e.g. email@example.com) or an email address that is used by another person) to ensure the accuracy and security of your information and to ensure that we can tailor our services to you. We use the email addresses you have inputted as a Guest to link Orders to you so it is important that this email address is personal to you to ensure the security of your information and to ensure that our information about you is kept accurate and up to date.
Where you are placing an Order as a Guest you will be given the opportunity to register for a Devakam.com Account. We will use the details that you have inputted during the checkout process to set up your account and then so all you will need to do is input a password which you will need to login to your Devakam.com Account. You must ensure that the email address you have inputted is personal to you, if it is not, please do not proceed to registration otherwise the other persons using your email address may be able to access your account and all your Account Information (see below). You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.
Where you are an Devakam.coml Account holder and you proceed through the checkout without logging into your Devakam.com Account upon inputting of the email address (that you use to login to your Devakam.com Account) you will be prompted to login to your Devakam.com Account by being asked to input your password. If you input your password, you will be logged in and the relevant fields in the checkout process will be populated with your Personal Details. If you do not input your password, you will be treated as a Guest and will need to complete your information in the relevant fields of the checkout process.
Where you proceed as a Guest we will store your Order details against your email address. We will repeat this process each time you use the Sites and place and Order using that email address.
3. Your devakam.com account details
When you register a Devakam.com Account you will be required to provide certain details about you including your name, email address, payment address, delivery address and you will be asked to provide an email address and password which you will need to use to login to your Devakam.com Account(“Login Details”) (collectively the “Personal Details”). You must also ensure that the password that you set is not obvious to any third party to ensure the security of your Account Information.
You must regularly review the Personal Details provided and change any details where your circumstances change e.g. where you change your address, email address or name. It is your responsibility to ensure your Personal Details are kept accurate and up to date. It is important that your details are kept accurate and up to date to ensure we can tailor our services to you and ensure our service is as efficient as possible for you, for example, we will use your details to pre-populate fields your Personal Details in the checkout process when you are logged in.
It is important and you must ensure, that your Personal Details are personal to you (and not anyone else), for example, you must not as part of your Login Details or otherwise, provide a generic email address (e.g. firstname.lastname@example.org) or an email address that is used by another person..
You must also treat all your Personal Details as confidential information. You must in no circumstances disclose your Login Details to any other person. If you know or suspect that another person has your Login Details you must inform us immediately by contacting our Customer Care team at email@example.com or by post to Tykhe s.p. Stantetova 32, 3320, Velenje, Slovenija (EU)
We will make available to you on your Devakam.com Account your Personal Details and your order history (i.e. details of orders you have placed with Devakam.com) (“Account Details”). You must always log out of your Devakam.com Account after you have finished. This will prevent unauthorised persons from accessing your Personal Details and your Account Details. We reserve the right to close/suspend/disable your Devakam.com Account at any time and in any circumstances, including without limitation where:
- 1. We find out that an unauthorised person has accessed your Devakam.com Account;
- 2. A proxy IPs (Internet Protocol Addresses) is being used in order to attempt to hide the use of multiple accounts; or
- 3. Your use disrupts the services we provide in any way or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. Submitting content
You may submit reviews, profiles, images, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Sites or on the Social Media whether relating to our Sites, products, promotions or other matters upon which you wish to comment (collectively “Contributions”), as long as such Contributions comply with our contribution standards set out below (“Contribution Standards”).
By submitting a Contribution you agree that we and third party service providers acting on our behalf may contact you about your Contribution and use your Contribution.
Your submission of a Contribution grants to us an irrevocable, perpetual, royalty-free, transferable and sub-licensable right and licence to use, store, copy, reproduce, modify, edit, adapt, translate, delete, publish, translate, create derivative works from, perform, sell and/or distribute, such Contribution, and incorporate such Contribution into any form, medium or technology, whether whole or in part throughout the world without any compensation to you. By submitting a Contribution you waive all resale rights, performance and moral rights in the Contribution including without limitation your right to be attributed to the Contribution and the right to object to the derogatory treatment of the Contribution.
All Contributions will be considered non-confidential.
4.1 Contribution Standards
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions);
- Comply with the Guidelines (set out below); and
- Comply with all applicable laws.
Contributions must not:
- Contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Advocate, promote or assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person (including without limitation copyright, trade marks or database rights);
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us, if this is not the case;
- Suggest any affiliation with us where no such affiliation exists;
- Be made where you have been compensated or granted any consideration by a third party to make the Contribution;
- Contain any computer viruses, worms or other potentially damaging computer programs or files.
- You must have the permission of all individuals named, featured or otherwise identifiable in your Contribution (whether in a photo, video or otherwise named or referenced);
- Your Contribution must be your own work and not copied from any works created by other people;
- You must only upload photos and videos that you have taken yourself or which you otherwise have the licence, consent or right to use in your Contribution. You must ensure that any third party owner of the relevant photos or videos understand how you wish to use your Contribution.
- Reviews relating to products should relate to the products and therefore photos and images should show the product and/or your use of the product;
- You must not write about customer service, contact us instead if you have issues requiring immediate attention;
- You must not mention competitors or the specific price you paid for the product;
- You must be aged over 16 to make a Contribution. If you are aged under 18 you must have the permission of your parent/guardian to make a Contribution. By submitting a Contribution you confirm that you have complied with both requirements.
Photos must comply with the following:
- Images must be in BMP, PNG, GIF or JPEG format;
- File size must be 5 MB or less;
- Image must be at least 100 pixels tall; and
- Image must be at least 100 pixels wide.
We will determine, in our sole discretion, whether there has been a breach of the Contribution Standards. If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Sites;
- Immediate, temporary or permanent removal of any Contribution;
- Issue of a warning to you;
- Legal action against you; and
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We do not guarantee that your Contribution will be published. We reserve the right to change, condense or delete any Contribution for any reason.
We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution posted by you. You will be responsible and liable for any loss or damage we suffer as a result of your Contribution.
The views expressed by other users do not represent our views or values.
You are solely responsible for securing and backing up your Contributions.
You must not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords, or security encryption codes, transfer or store illegal material, or engage in any kind of illegal activity is expressly prohibited.
5. Intellectual property rights
The intellectual property rights in the Services (including without limitation the content and software used in the Services) remains our property or the property of or licensors (as applicable). These rights are protected by copyright, treaties and laws around the world and are expressly reserved.
Any use of the Services, including without limitation copying, storing in whole or in part, for a commercial use is prohibited without our prior written permission.
You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal use.
You must not:
- Use any part of the content on the Services for commercial purposes without obtaining a licence to do so from us;
- Modify the paper or digital copies of any materials you have printed off or downloaded from the Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which is provided on the Services;
- Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by us or our licensors on the Services;
- Use or otherwise reproduce the “Namman Muay” name and/or logos (or any marks which are colourably similar) without our prior written consent.
Our status (and that of any identified contributors) as the authors of content of the Services must always be acknowledged.
Your Interaction with us on the Social Media may involve you submitting content, a photo or video of you (“Your Content”). By Interacting with us on the Social Media you hereby grant us a non-exclusive, transferable, royalty-free, worldwide licence to use Your Content on the Social Media and on other sources notified to you on the relevant Social Media page. This includes without limitation a licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content (or any part of Your Content) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Use may also include sharing Your Content with trusted third parties.
If you print off, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Limitation on liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services.
Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Services, or on any website linked to the Services.
We do not guarantee that the Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
You must not misuse the Services.
You must not, in relation to the Services: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or in breach of confidence or is any way offensive or obscene attack the Sites via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights (including without limitation intellectual property rights); send any unsolicited advertising or promotional material / “spam”; attempt to affect the performance or functionality of any computer facilities access through the Sites hack into any aspect of the Services; and/or corrupt data. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately.
You must not use the Services for any commercial purposes (including without limitation using automated systems or software to extract data from the Services) without our prior written consent.
8. Third party links and resources on our sites
Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We assume no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by us of those linked websites. When you activate any of these links you will leave the Services and we have no control over, and will accept no responsibility or liability for any loss or damage that may arise from your use of them.
9. Social Media
By interacting with us on the Social Media (including without limitation joining our official Namman Muay group/page or following us on the Social Media, “liking”, “retweeting”, “reposting”, writing a comment in relation to a page on the Social Media) (“Interacting” or “Interaction” (as applicable)) you are consenting to our interaction with you on the Social Media and the processing of your information accessed on the Social Media.
The information about you that may be collected when you Interact with us on the Social Media may include without limitation your name, your user profile, your age, your preferences, choices and viewpoints with regards to the topic or subject matter of the relevant Social Media page, your photos and other images and your videos.
Your Interaction with us on the Social Media may also involve you submitting a photo or video of you (“Your Image”).
Please let us know if at any time you wish us to stop interacting with you on the Social Media or using any of your information on the Social Media by contacting us at the details set out below.
By Interacting with us (whether on the Sites, Social Media or otherwise) you consent and grant to Tykhe s.p. a perpetual, worldwide, royalty-free license to use Your Image and Contributions for the purposes of promoting, advertising and endorsing Namman Muay and Namman Muay’s goods and services, including without limitation for the purposes of your participation in any promotional activity for the same, and in any media including without limitation television, Social Media, on our Sites, in print and outdoor advertising materials. We may want to use Your Image and Contributions for additional purposes which will be detailed when we collect Your Image and/or in any promotional terms and conditions which will be featured on our Devakam.com Promotions Terms page
We are working to make the Sites as accessible as possible to be used by everybody. You will notice changes to the Sites over the coming year to help with navigation, reading text, colour schemes and use of screen readers.
11. Applicable Law
These Terms, their subject matter and their formation, are governed by Slovenian law. You and we both agree that the Slovenian courts will have non-exclusive jurisdiction to settle any disputes arising out of or in connection with the Services.
12. Contact us
If you have any questions about these Terms please write to Tykhe s.p. Stantetova 32, 3320, Velenje, Slovenia.