Terms & Conditions / Terms of Use

1. Acceptance of Terms

By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions («Terms») and our Privacy Policy. If you are using the site on behalf of a company, you represent that you have the authority to bind that entity to these Terms.

NYXELIS PTE. LTD. («we,» «our,» or «us») reserves the right to modify, amend, or replace these Terms at any time at our sole discretion. The «Effective Date» at the top of this page will indicate the latest revision. Your continued use of the website following the posting of changes constitutes your acceptance of those changes.

2. Website Use & Account Responsibilities

You agree to use this website only for lawful purposes and in accordance with these Terms. You must not:

• Use the site in any way that violates any applicable law or regulation.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the site.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site.
• Use any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site.

If we provide you with an account, you are responsible for safeguarding your account credentials and for all activities that occur under your account.

3. Intellectual Property Rights

The entire content of this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NYXELIS PTE. LTD. or our content suppliers and is protected by Singapore and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use this site for legitimate business purposes related to engaging with NYXELIS as a supplier. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any material from this site without our express written permission.

All product names, logos, brands, and other trademarks featured on this site are the property of their respective owners. Their use is solely for the purpose of identifying and describing the products we distribute and does not imply any endorsement or affiliation.

4. Product & Service Information

The information, including product descriptions, specifications, availability, and pricing, presented on this website is for general informational and marketing purposes only. While we strive for accuracy, we do not warrant that any information on this site is complete, reliable, current, or error-free. Such information is subject to change at any time without notice.

Prices and availability are subject to confirmation in a formal Quotation or Proforma Invoice. We reserve the right to limit quantities and to discontinue products at any time.

5. Terms of Sale (Summary)

All sales of products and services by NYXELIS PTE. LTD. are conducted on a Business-to-Business (B2B) basis and are governed by our separate Terms of Sale, which will be provided with any formal Quotation or Order Confirmation. By placing an order with us, you agree to be bound by those Terms of Sale. The following is a summary of key principles:

• Quotations: Are valid for the period stated therein and are subject to stock availability.
• Orders: Are not binding upon NYXELIS until we issue a written Order Confirmation.
• Pricing & Payment: Prices are in the currency specified. Payment terms are as agreed; title to goods does not pass until full payment is received.
• Delivery & Risk: Delivery times are estimates only. Risk of loss or damage to products passes to you upon delivery to the carrier (typically under Incoterms FCA Singapore). You are responsible for all shipping, insurance, and import duties.
• Software Licensing: All software is provided under the terms and conditions of the software publisher’s End-User License Agreement (EULA). NYXELIS acts solely as a distributor. The EULA is a direct agreement between you and the publisher. All software license sales are final upon delivery of the license key.
• Warranty: Hardware products are covered solely by the original manufacturer’s warranty. NYXELIS facilitates warranty claims but provides no independent warranties unless explicitly stated in writing. We do not offer refunds for software licenses.
• Limitation of Liability: To the fullest extent permitted by law, our total aggregate liability to you for any claim shall not exceed the total purchase price of the products in the specific order giving rise to the claim.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall NYXELIS PTE. LTD., its directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses, that result from the use of, or inability to use, this website or any transactions conducted through it.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

7. Indemnification

You agree to defend, indemnify, and hold harmless NYXELIS PTE. LTD., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website.

8. Third-Party Links

This website may contain links to third-party websites or services that are not owned or controlled by NYXELIS. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

9. Governing Law & Dispute Resolution

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be first submitted to mediation at the Singapore Mediation Centre. If the dispute is not resolved through mediation, it shall be referred to and finally resolved by the courts of the Republic of Singapore, to which you hereby irrevocably submit.

10. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.