Terms of Service
Welcome to Diveintoselfcare, a service operated by CLASSIC NOOK Pvt. Ltd. (“CN", “Diveintoselfcare”, “we”, “us”). Please read carefully the following terms of service governing your use of Diveintoselfcare online at shop.diveintoselfcare.com (the “Site”) and our mobile device application (“App”). To make these Terms easier to read, the Site, our services, and App are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Arbitration Notice
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and diveintoselfcare (by Classic Nook Pvt. Ltd) will be resolved by binding, individual arbitration and you are waiving your right to a trial,to participate as a plaintiff or class member in any purported class action or representative proceeding. You have the option to opt out of arbitration within 30 days of agreeing to these terms. By agreeing to these terms, you also agree to receive notifications of any changes to the Terms or Services.
Who May Use the Services
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Eligibility
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract. Users under the age of 18 are prohibited from making purchases through the Services.
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Registration and Your Information
{For Website Users}
If you want to use certain features of the Services through our e-commerce website (shop.diveintoselfcare.com), you'll need to create an account (“Account”) on the website. You can do this during the registration process or by signing up on the website. By creating an Account on the website, you agree to be bound by these Terms and our Privacy Policy.
{For App Users}
If you want to use certain features of the Services through our mobile device application (“App”), you'll need to create an account (“Account”) on the App. You can do this during the App's installation process or by signing up within the App or through your account with certain third-party social networking services such as Google and Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.. By creating an Account on the App, you agree to be bound by these Terms and our Privacy Policy.
It’s important that you provide accurate, complete, and up-to-date information for your Account, whether on the App or the website, and you agree to update such information as needed to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether on the App or the website, whether or not you know about them.
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Using the Services
{For Website Users}
Through our e-commerce website (shop.diveintoselfcare.com), users can purchase items offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.
{For App Users}
Through our mobile device application (“App”), users can access and utilize a variety of options to create customized relaxation and self-improvement sessions. Additionally, you can use the paid functionality of the App to access enhanced features or purchase items offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.
You understand and agree that the Services, Products, and any other information you learn from us are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services, whether through the App or the website, while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services, whether through the App or the website.
Purchases
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App Users
Diveintoselfcare offers certain enhanced features of the Services, which you can purchase as a monthly or yearly Subscription through our mobile device application ("App"). A description of features associated with Subscriptions is available via the App. When you purchase a Subscription or a Product (each, a "Transaction"), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Diveintoselfcare (Classic Nook Pvt. Ltd.) may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Diveintoselfcare (Classic Nook Pvt. Ltd) until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
All payments made for Subscriptions or Products through the App are generally handled by the respective App Providers (such as Google Play Store or Apple App Store) and are subject to their refund policies. Diveintoselfcare (Classic Nook Pvt. Ltd.) does not process refunds for App purchases directly. If you have any concerns or issues with your purchase, including refund requests, please contact the App Provider's customer support following their guidelines and policies. The App Provider's refund policy will take precedence over the general non-refundable statement in these Terms for App purchases.
If you have any concerns or objections regarding charges related to App purchases, you agree to raise them with us first, and you agree not to initiate any chargebacks or payment disputes unless you have made a reasonable attempt at resolving the matter directly with us.
Subscriptions Automatically Renew Until You Cancel. All amounts are payable and charged: For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period
If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You may or may not receive a refund for the fees you already paid for your current subscription period, depending on the policies and support of the app provider. If you are not refunded you will continue to receive the Services ordered until the end of your current Subscription period.
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E-commerce Users
Diveintoselfcare offers a variety of Products for sale through our e-commerce website (shop.diveintoselfcare.com). When you make a purchase (a "Transaction") through the website, we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
All payments made for Products through the website are non-refundable and non-transferable except as expressly provided in these Terms or as governed by the Refund and Return Policy. Diveintoselfcare (Classic Nook Pvt. Ltd.) handles refunds and returns for purchases made directly through the website in accordance with the guidelines and conditions stated in our Refund and Return Policy.
If you have any concerns or objections regarding charges related to website purchases, you agree to raise them with us first, and you agree not to initiate any chargebacks or payment disputes unless you have made a reasonable attempt at resolving the matter directly with us.
Diveintoselfcare (Classic Nook Pvt. Ltd.) reserves the right to not process or cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Diveintoselfcare (Classic Nook Pvt. Ltd.) deems appropriate in its sole discretion. Diveintoselfcare reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). We will either not charge you or refund the charges for orders that we do not process or cancel.
Changes to Price Terms for Subscriptions
{For App and E-commerce Users}
We reserve the right to change our pricing terms for Subscriptions and Products at any time. We will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals or new purchases of Products after such changed pricing terms have been communicated to you. If you do not agree with the changes to the pricing terms, you may choose not to renew your Subscription or proceed with the purchase of the affected Product.
{For App Users}
For Subscriptions purchased through our mobile device application ("App"), pricing and renewal terms are subject to the policies and guidelines set forth by the respective App Providers (such as Google Play Store or Apple App Store). The App Provider's pricing and renewal terms will apply to App Subscriptions.
{For E-commerce Website Users}
For Products purchased through our e-commerce website (shop.diveintoselfcare.com), pricing and renewal terms are governed by the pricing terms provided on the website. You agree to review and accept the pricing terms before making any purchase.
It is your responsibility to review the pricing terms for Subscriptions and Products periodically to stay informed about any changes. By continuing to use the Services and making purchases after the updated pricing terms have been communicated to you, you are agreeing to the revised pricing terms. If you have any questions or concerns regarding the pricing terms, please contact us for further assistance.
Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
User Submissions
You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You must not transmit any material or information to or through this Site that are confidential or proprietary. Any material or information that you transmit to or through this Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in Diveintoselfcare's Privacy Statement or separate written agreement between you and Diveintoselfcare, you give us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, display, publicly perform, communicate, transit and distribute such material and information. You further agree that Diveintoselfcare has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at support@diveintoselfcare.com.
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
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Rights in User Content Granted by You
By making any User Content available through Services you hereby grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
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Rights in Content Granted by Diveintoselfcare
Subject to your compliance with these Terms, Diveintoselfcare grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
{Rights on site Granted by Diveintoselfcare for E-commerce Users:}
For users making purchases through our e-commerce website (shop.diveintoselfcare.com), the license to use the App is granted in conjunction with your eligibility for accessing and using the purchased Products.
{Rights in App Granted by Diveintoselfcare for App Users}
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes.
Diveintoselfcare reserves all rights in and to the App not expressly granted to you under these Terms. You acknowledge that the App is the valuable property of Diveintoselfcare and is protected by copyright and other intellectual property laws.
You may not:
(i) Copy, modify, or create derivative works based on the App, except to the extent that such activity is expressly permitted or required by applicable law.
(ii) Distribute, transfer, sublicense, lease, lend, or rent the App to any third party. This restriction also applies to the use of the App in connection with any unauthorized commercial activities.
(iii) Reverse engineer, decompile, or disassemble the App, except and only to the extent that such activity is expressly permitted by applicable law, and provided that the information obtained from such activities is not disclosed or used for any unauthorized purposes.
(iv) Make the functionality of the App available to multiple users through any means, including but not limited to unauthorized distribution, server access, or multi-user arrangements, unless expressly permitted by Diveintoselfcare.
Any violation of these rights and restrictions may result in the termination of your license to use the App, and may also expose you to legal liabilities. We reserve the right to take appropriate legal action to protect our rights and the integrity of the App.
For any questions or inquiries regarding the granted license and acceptable use of the App, please contact us for further assistance.
{Additional Terms for App Store Apps}
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
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These Terms are concluded between you and Diveintoselfcare (Classic Nook Pvt. Ltd.), and not with App Provider, and that, as between Diveintoselfcare and the App Provider, We are solely responsible for the App.
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App Provider has no obligation to furnish any maintenance and support services with respect to the App.
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In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Diveintoselfcare (Classic Nook Pvt. Ltd. ).
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App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
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You must also comply with all applicable third-party terms of service when using the App.
Prohibitions
You agree not to do any of the following:
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Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
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Use, display, mirror or frame the Services, or any individual element within the Services, Diveintoselfcare’s name, any Diveintoselfcare trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
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Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
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Attempt to probe, scan, or test the vulnerability of any diveintoselfcare system or network or breach any security or authentication measures;
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Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
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Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
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Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
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Use any meta tags or other hidden text or metadata utilizing a Diveintoselfcare trademark, logo URL or product name without our express written consent;
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Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
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Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
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Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
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Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
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Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
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Impersonate or misrepresent your affiliation with any person or entity;
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Violate any applicable law or regulation; or
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Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@diveintoselfcare.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnity
You will indemnify and hold harmless Diveintoselfcare (Classic Nook Pvt. Ltd.) and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither Diveintoselfcare (Classic Nook Pvt. Ltd.) nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Diveintoselfcare (Classic Nook Pvt. Ltd.) has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Diveintoselfcare’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to us for use of the Services, Products or Content if you have not had any payment obligations to us, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Diveintoselfcare and you.
Dispute Resolution
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Governing Law
These Terms and any action related thereto will be governed by the laws the Republic of Singapore without regard to its conflict of laws provisions.
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Changes
If Diveintoselfcare changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@diveintoselfcare.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Diveintoselfcare (Classic Nook Pvt. Ltd.) in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Diveintoselfcare (Classic Nook Pvt. Ltd.) and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Diveintoselfcare and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Diveintoselfcare’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Diveintoselfcare under these Terms, including those regarding modifications to these Terms, will be given: (i) by us via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Diveintoselfcare’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Diveintoselfcare (Classic Nook Pvt. Ltd. ). Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Us
If you have any questions about this Privacy Policy, please contact us at:
CLASSIC NOOK Pvt. Ltd.
Attention : Privacy Policy
160 Robinson Road
#14-04 Singapore Business Federation Centre
SIngapore, 068914
Email: support@diveintoselfcare.com.