Terms of Service - Shopform

Welcome to Shopform (the “Platform”)! Please read the following Terms of Service carefully before using the Platform so that you are aware of your legal rights and obligations with respect to Vue Technologies Pte Ltd and its affiliates and subsidiaries (individually and collectively, “Shopform”, “we”, “us” or “our”). By accessing the Platform, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access and/or use this Platform.

If you are under age 18, you may only use the Platform with the consent of your parent or legal guardian. Your use of the Platform is also subject to the Privacy Policy as set out at https://www.shopform.sg/shopform-privacy-policy/

1. Prohibitions

1.1. You agree and undertake not to:

misuse the Platform for illegal purposes;
upload, post, transmit or otherwise make available any information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, livestreams, messages, tags, content (“Content”) that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Platform to harm minors in any way;
upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses, logic bombs or any other material that is malicious or technologically harmful; and
use the Platform or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

2. Permissions

2.1. The Platform will not claim ownership of your Content. You agree and undertake to give the Platform permission to:

host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content on a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license;
download and install updates to the Platform on your device.

3. Terms of Sale

3.1. Purchase of products

While sellers endeavor to provide an accurate description of the products put on sale on the Platform, neither Shopform nor the seller warrants that such description is accurate, current or free from error. In the event that the product you receive is of a fundamentally different nature from the product as described on the Platform and which you have ordered, Clause 3.5 of these Terms of Service shall apply.
To place an order, you must register with us by creating an account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
To submit an order, you will be required to follow the online shopping process on the Platform. After this you will receive a notice from us which will act as an acknowledgement of your order.
Sellers will not accept orders placed in any other manner. You shall be responsible for ensuring the accuracy of your orders.
All orders shall be subject to the seller’s acceptance in its sole discretion and each order accepted by the seller shall constitute a separate contract. You acknowledge that unless you receive a notice from the seller accepting your order, the seller shall not be party to any legally binding agreements or promises made between the seller and you for the sale or other dealings with the products and accordingly the seller shall not be liable for any losses which may be incurred as a result. For the avoidance of doubt, the seller reserves the right to decline to process or accept any orders received from or through the Platform in its absolute discretion.

3.2. Delivery of products

Delivery of the products shall be made to the address you specify in your order by the seller.
Delivery and packing charges shall be as set out in your order.
You acknowledge that delivery of the products is subject to availability of the products. The seller will make every reasonable effort to deliver the product to you within the delivery timeframe stated on the relevant page(s), but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your product is delayed the seller will inform you accordingly via e-mail or in-app and your product will be dispatched or replaced or refunded as soon as it becomes available to the seller. The time for delivery shall not be of the essence, and the seller shall not be liable for any delay in delivery howsoever caused.
In the event you do not receive the product by the projected delivery date and provided that you inform Shopform within 3 days immediately from such projected delivery date, the seller will try, to the best of the seller’s ability, to locate and deliver the product. If Shopform does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the product.
Upon delivery of the product, you may be required to sign for delivery.
Certain couriers may provide the option of having the product left at your doorstep, or as otherwise instructed by you, as an “Unattended Delivery.” Unattended Delivery shall be at your sole risk and you agree to accept all liability and risk of loss, theft, and damage.

3.3. Prices of products

The price of products listed for sale as stated on the Platform (“Listing Price”) at the time at which the order placed by you is transmitted to the seller shall be the price of products payable by you.
All Listing Prices are subject to taxes, unless otherwise stated. The seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
Delivery costs will be charged in addition where applicable.

3.4. Payment

You can pay using any of our payment partners listed on the Platform.
All payments shall be made to Shopform.

3.5. Returns and Refunds

(a) If you are not completely satisfied with your purchase under the following circumstances:
- incomplete product;
- failed delivery;
- product not as per listed size and/or specifications;
- change of mind,
you may raise a return or refund request with Shopform.
When you raise a return or refund request, the product shall be un-used, product tags shall not be tampered with, and the product shall be in the original brand packaging (if applicable).
All return and refund requests will be subject to the seller’s existing return and refund policies.
All return and refunds shall be made via Shopform Coins.

3.6. Shopform Coins

You may earn loyalty points (“Shopform Coins”) by buying products on the Platform or by participating in Platform activities.
Shopform Coins will be credited to your account upon the completion of a successful purchase or activity approved by Shopee.
Shopform Coins have no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash.
In the event of a dispute in relation to the number of Shopform Coins awarded, such dispute must be made within one (1) month from the date of issue. We may require you to provide evidence to support your claim.
Shopform reserves the right to discontinue the Shopform Coins reward system at any time at its sole discretion, and/or cancel or suspend your right to participate in Shopform Coins reward system at its sole discretion.

4. Terms of Content

4.1. Shopform reserves the right to:

remove your Content if we believe that it violates these Terms of Service;
terminate or disable your access to the Platform if you create risk or legal exposure for us, violate these Terms of Service, repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law;
terminate or change the Platform, remove or block Content shared on the Platform, or stop providing all or part of the Platform if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on Shopform;

5. Indemnity

5.1. You agree to indemnify, defend, hold harmless Shopform, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms of Service.

6. Notices

6.1. All notices shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

Notices from the Platform will be deemed to be received by you on the day following such posting or on the day when it was so left.
Notices from you will be deemed to be received by Shopform only upon receipt. While we strive to respond promptly, we cannot guarantee that we will always respond with consistent speed.

7. Intellectual property rights

7.1. User Generated Content

Content uploaded, posted, or transmitted by users of the Platform (“User Generated Content”) will be owned by the user.
You will grant Shopform a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content.

7.2. Platform Generated Content

Content uploaded, posted, or transmitted by Shopform (“Platform Generated Content”) will be owned by Shopform.
You will not be permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of Platform Generated Content supplied to you or which appears on this Platform nor may you use any such Platform Generated Content in connection with any business or commercial enterprise.
You must not use any part of Platform Generated Content for commercial purposes without obtaining a license to do so from us.

8. Severability

8.1. If at any time any provision of these Terms of Service shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Terms of Service shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Service.

9. Governing law

9.1. Use of the Platform and these Terms of Service shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

9.2. Except as provided for, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

10. General

Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Service and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Service, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Service or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

No Waiver: Our failure to enforce these Terms of Service shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Service. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service.

Rights of Third Parties: A person or entity who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Service, such variation to take effect on the date we specify through the above means. If you use the Platform after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and terminate these Terms of Service. Our right to vary these Terms of Service in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Service.

Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

Language: In the event that these Terms of Service is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Service shall govern and shall take precedence over the Foreign Language Version.

Entire Agreement: These Terms of Service shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

Binding and Conclusive: You acknowledge and agree that any records maintained by us or our service providers relating to or in connection with the Platform shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

Assignment: You may not assign your rights under these Terms of Service without our prior written consent. We may assign our rights under these Terms of Service to any third party.

Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Service (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Last updated: January 05, 2021