OUR TERMS & CONDITIONS (Last Updated: 10th October, 2017)
These terms and conditions (the “Terms”) govern your access to and use of our website at www.addictedgallery.com (the “Site”) including your purchase of works of art (“Work” or “Works”) through the Site.
These Terms also govern your access to and use of the “Addicted Art Gallery - See It On Your Wall!” mobile application (the “App”). The App is provided by us through an app store platform (such as Google Play Store and Apple iTunes Store) to allow users to visualise on their tablet or smartphone how pieces of artwork would look on their walls, with the help of augmented reality (“AR”) technology.
These Terms shall apply to the App and the Site, and any services made available or accessible through the App and/or the Site (“Services”), including any updates to the App, the Site and/or any Services (save where otherwise expressly provided).
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT, BY ACCESSING OR USING THE SITE OR PURCHASING WORK(S) ON OR THROUGH THE SITE OR BY POSTING ANY CONTENT ON THE SITE OR BY DOWNLOADING OR USING THE APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND/OR REGISTERED AN ACCOUNT WITH US. CONTINUED USE OF THE APP WILL CONSTITUTE ACCEPTANCE OF THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, THE APP AND/OR SERVICES.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
You understand and accept that your ability to use the App and/or the Site is subject to your device meeting the requirements for download (including technical capabilities and available storage space). In addition, you understand and accept that functioning of certain features of the App and the Site will depend on external factors, such as aerial cover required for geo-tracking services, reception service areas, and failures or outages in telephone or internet service, over which we have no control and for which we shall have no liability.
If you become aware of any material on this Site or on the App which is in violation of a copyright, please notify us by e-mail at email@example.com or firstname.lastname@example.org.
1.0 INFORMATION ABOUT US
1.1: The Company is registered in Singapore and its registered office is at 1 Jalan Kuala, #18-01 The Morningside, Singapore 239639
1.2: Contacting us: You can e-mail us at email@example.com or firstname.lastname@example.org. Alternatively, contact us by telephone at +65 9068 2026 or by post to Addicted Pte. Ltd., 1 Jalan Kuala, #18-01 The Morningside, Singapore 239639. If you are emailing us or writing to us please include details of your order.
2.0 THE WORKS
2.1: The images of the Works shown on the Site and the App are for illustrative purposes only. Although every effort has been made to display the colours accurately, the colours of the Works will be affected by the setting of the devices you use to view the images of the Works.
2.2: Information provided on the Site and the App in respect of the Works and their creators are gathered by us directly from the creators, vendors and/or owners of the Works or through publicly available sources. While we make every effort to ensure that the information provided on the Site and the App is accurate, we are unable to confirm that the information is accurate or complete. You are advised to conduct your own independent checks on all information relating to the Works including their creators before ordering any Work(s).
2.3: While we make every effort to ensure that the Works are genuine and authentic, we make no warranty or representation that the Works are indeed genuine or authentic and you are advised to conduct you own independent checks on whether the Works are genuine and authentic.
2.4: If a Work that has been purchased and fully paid by you is discovered to be fake, we will refund to you the price of the Work and the delivery charges (if any) paid by you, within 21 business days from the date the Company receives supporting evidence from you proving that the Work is fake. For the avoidance of doubt, all refunds shall be subject to our assessment, at our discretion, that the Work purchased by you is in fact a fake.
3.0 HOW WE USE YOUR PERSONAL INFORMATION
4.0 HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE COMPANY
4.1: Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please check your order and the information contained therein carefully at each stage of the order process.
4.2: After you place an order and pay for the Work(s), you will receive a receipt for the payment made by you from PayPal and the Company. If your payment is made through direct bank transfer, the Company will issue a receipt to you. However, please note that the issuance of a receipt does not mean that your order has been accepted by us. Our acceptance of your order will take place when we send the shipment tracking details for your order to you (the “Tracking Details”). Any order which is paid by you (including any handling and delivery charges) but not accepted by us will be refunded to you as soon as possible.
4.3: If we are unable to supply you with a Work, for example because the Work has been withdrawn for sale by its creator, owner or seller, we cannot meet your requested delivery date or because of an error in the price on our Site and/or on the App, we will inform you of this by e-mail or by calling you and we will not process your order. If you have already paid for the Work(s), we will refund you the full amount including any handling and delivery costs charged as soon as possible.
4.4: For the avoidance of doubt, no Contract is formed between you and the Company in respect of the Work(s) ordered by you until your order has been reviewed and accepted by the Company. Upon our acceptance of your order, we will send the Tracking Details to you.
5.0 OUR RIGHT TO VARY THESE TERMS AND UPDATE THE APP
5.1: We reserve the right, in our sole discretion and without notice to you, to modify, discontinue or terminate the Site or to modify these Terms. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site after we have posted a modification on the Site or after we have notified you of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you may cease using the Site.
5.2: In respect of each Work, the Terms in force at the time of your order will form the Contract between you and us subject to our acceptance of your order in accordance with Clause 4.2 above.
5.3: For the avoidance of doubt, the Terms are subject to the relevant laws and regulatory requirements in Singapore which shall prevail over the Terms and shall apply to all orders made with us through the Site.
5.4: If we have to revise the Terms in respect of your order prior to our acceptance of your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not agreeable to the changes to the Terms. If you choose to cancel your order, we will arrange a full refund of the price you have paid, including any handling, delivery and insurance charges.
5.5: We may, from time to time in our sole discretion, develop and make available updates to the App, such as upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality associated with the App. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Depending on the device settings, when a device is connected to the internet, either (a) the App will automatically download and install all available Updates; or (b) you may receive a notice of or be prompted to download and install available Updates. You understand and acknowledge that the App may not function properly or you may not enjoy the full features and services offered by the App if you do not download the latest Updates to the App and/or to the device connected to the internet and/or do not accept any modified Terms. These Terms shall govern any Updates.
6.1: You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents, vendors, partners, contractors, artists, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, in any way arising from, related to or in connection with your use of the Site and/or the App, your violation of any law, your violation of the Terms or the posting or transmission of any materials on or through the Site and/or the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defence of any claim. Your indemnification obligation will survive the termination of this Contract and/or your use of the Site and/or the App, as the case may be.
7.1: Delivery of an order shall be completed when we deliver the Work(s) to the address provided by you in the order.
7.2: You shall own the Work(s) only after we have received your payment in full including all applicable handling and delivery charges and upon our acceptance of your order.
7.3: If you order Works from our Site for delivery outside Singapore, your order may be subject to import duties and taxes at your overseas destinations. You will be responsible for the payment of any such import duties and taxes.
7.4: In respect of delivery of Work(s) outside Singapore, you must comply with, and be liable for, all applicable laws and regulations of the country for which the Works are destined.
8.0 RISK OF LOSS AND INSURANCE
8.1: The risk of loss of the Works will pass to you upon our delivery of the Works to the address provided by you in the order. Therefore, in the event of damage or loss during transit we will arrange for a full refund of the price you have paid, including any handling and delivery charges.
8.2: As we maintain an insurance policy which insures the Works against transit risks, you shall, if the Works are damaged or lost in the course of delivery to you, co-operate with us and provide us upon our request with all relevant information and supporting documents necessary to enable us to make a claim under our policy.
9.0 PRICE OF WORKS AND DELIVERY CHARGES
9.1: The price of a Work will be the price as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Works are reflected on the Site correctly. However, if we discover an error in the price of the Works ordered by you but before your order is accepted by us and before delivery of the Work is made, we will contact you to inform you in writing of this error and we will give you the option of continuing with the purchase of the Works at the correct price or cancelling your order. We will not process and accept your order until we have your written instructions. If we are unable to contact you, within three (3) days from the date of your order, using the contact details provided by you during the order process, we will not accept your order and treat it as cancelled. Further, we will refund the payment made by you and notify you in writing.
9.2: If goods and services tax (“GST”) is applicable, the prices of Works shown on the Site will either include GST or GST will be shown as a separate amount. The GST, if any, shall be at the applicable current rate chargeable in Singapore for the time being.
9.3: The prices of Works shown on the Site do not include handling and delivery charges. Handling and delivery charges shall be a separate charge which will be notified to you during the check-out process.
10.0 HOW TO PAY
10.1: You can pay for the Work(s) in either of the following ways:
- Direct bank transfer to our bank account.
10.2: Payment for the Work(s) and all applicable handling, delivery and insurance charges shall be made in full before delivery will be made.
11.0 FORCE MAJEURE
11.1: In the event that any party to a Contract shall be rendered unable to carry out the whole or any part of its obligations under the Contract for any reason beyond the control of that party including, but not limited to, decrees or restrains by governmental authorities, acts of God, force majeure, strikes, war, riot and any other causes of such nature, then the performance of the obligations hereunder of that party or all the parties hereto as the case may be and as they are affected by such cause shall be excused during the continuance of any inability so caused, but such inability shall as far as possible be remedied with all reasonable dispatch.
12.0 INTELLECTUAL PROPERTY
12.1: All content included on the Site and on the App, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Company or its content suppliers/third party licensors. The content and software on the Site may be used for browsing and for ordering of Works. The content and software on the App may be used for browsing and for the purposes contemplated by the App. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and/or the App without the permission of the Company is strictly prohibited.
12.2: When you use the App, you may be required to grant the App permission to access your content and information, such as your photo library and location-based information.
13.0 DISCLAIMER OF WARRANTIES
13.1: You hereby acknowledge, confirm and agree that:
- The use of the App, the Services and the Site is at your own risk. The Site and the App, including, without limitation, all content, function, materials and Services are provided “as is” without warranty of any kind, either express or implied, including, without limitation, (i) any warranty for information, data or uninterrupted access; (ii) any warranties concerning the availability, accuracy, completeness, usefulness or content of information; and (iii) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Company does not warrant that the Site, the App or the function, content or Services made available thereby will be timely, secure, virus-free, uninterrupted or error-free, or that defects, if any, will be corrected. Further, the Company does not warrant that the Site and/or the App will not be affected by any force majeure events, including, without limitation, (i) inability to obtain or shortage of necessary materials, equipment facilities, power and/or telecommunications; (ii) lack of telecommunications equipment and/or facilities; and (iii) failure of information technology, telecommunications equipment and/or facilities. The Company makes no warranty that the Site and/or the App will meet users’ expectations or requirements. No advice, results, information and/or materials whether oral or written, obtained by you through the Site and/or the App shall create any warranty not expressly made herein. If you are dissatisfied with the Site and/or the App, you should discontinue using the Site and/or the App; and
- Any material downloaded or otherwise obtained through the use of the Site and/or the App is done at your own risk and that you will be solely responsible for any damage resulting from downloading any such material.
- All electronic data transfers are potentially susceptible to interception by others, and we cannot, and do not, warrant that data transfers pursuant to the Site and/or the App, or electronic messages transmitted to and from us, will not be read or intercepted by others even if there is a special notice that a particular transmission is encrypted.
14.0 LIMITATION OF LIABILITY
14.1: You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, the App and our Services remains with you. In no event shall the Company, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, successors, suppliers, distributors, affiliates, vendors, contractors, galleries, artists, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, arising from or directly or indirectly related to the use of, or the inability to use, the Site, the App and/or the content, materials and function related thereto, even if the Company or its representative or such individual has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall the Company or its respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Site and/or the App 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 Company.
14.2: You hereby acknowledge that the preceding paragraph shall apply to all content, Works and Services available through the Site and the App.
14.3: The App and/or the Site may contain or use third party software or content, or may contain links to third-party websites. You hereby acknowledge and agree that we have no control over, and are not responsible for such third-party content or for any damage you may incur from accessing such content or third-party sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites) or the availability of any content on such sites.
15.0 REGISTRATION OF ACCOUNT
15.1: To use the App and/or purchase a Work, you are required to set up an account with a username and password, and provide such information reasonably required by us to create the account.
15.2: You are entirely responsible for any and all activities that occur under the use of your username and password whether or not actually or expressly authorized by you. We take no responsibility for any transactions or activities which may occur as a result of a disclosure by you of your password to third parties, or through any unauthorized access to your personal information.
15.3: You agree to indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses due to your negligence and/or wilful default and arising out of or in connection with the use of the App, the Site and/or the Services by you or any other person using your account.
16.0 USE OF THE SITE AND THE APP
16.1: You must not:
(a) Use the App and/or the Site for any unlawful or prohibited activity or for any illegal purpose including (without limitation) copyright infringement;
(b) Use the App and/or the Site in a way which interferes with its availability for other users or do anything that degrades the operational performance of the App and/or the Site;
(c) Upload or distribute any files that contain viruses, corrupted files or any other similar computer program that may adversely affect the operational performance of another device or computer;
(d) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, scrape, deep-link, transfer or sell any content, information, software, products, images or services obtained from the App and/or the Site (unless necessary for backup or operational security purposes);
(e) Make any alterations or modifications to the whole or any part of the App and/or the Site; or
(f) Decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App and/or the Site, any Updates or any part thereof (except where and only to the extent any of these restrictions are permitted by applicable law or necessary for the purposes of achieving inter-operability of the App and/or the Site with another software).
16.2: If you are in breach, or will be in breach, of any of these Terms, we reserve the right to terminate your account and/or to suspend your use of the App and/or the Site without giving you a reason and/or without further reference to you.
17.0 SUSPENSION; TERMINATION
17.1: Without prejudice to any other remedy available to us herein, we reserve the right to suspend your access and use of the Site, Services and/or the App and/or terminate your account if (a) you use (or anyone other than you, with your permission, uses) the Site, App and/or any Services in contravention of these Terms, or (b) if we believe that you are using the Site, Services and/or App to conduct fraudulent, abusive or illegal activities.
17.2: If we suspend your use of the Site, Services or the App, we may refuse to restore access to the Site, the Services or the App for your use until and unless we receive an assurance from you, that there will be no further breach of the provisions of these Terms.
18.0 OTHER IMPORTANT TERMS
18.1: We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or obligations under these Terms.
18.2: You may transfer your rights or obligations under these Terms to another person or organisation provided that our written consent is given.
18.3: No other person shall have any rights to enforce any of the terms of a Contract and/or these Terms, whether under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or otherwise.
18.4: Each of the paragraphs and parts thereof of these Terms operate separately. If any court or relevant authority decides that any of the paragraphs or part(s) thereof are unlawful or unenforceable, the remaining paragraphs or part(s) thereof will remain in full force and effect.
18.5: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6: These Terms and any Contract shall be governed by and construed in accordance with the laws of Singapore and you agree to be subject to the non‑exclusive jurisdiction of the Courts in Singapore.