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Terms and Conditions of Sale

Last updated: February, 2023

Please be advised that while shopping on

you are dealing with the eCommerce provider Scalefast Singapore PTE. LTD., which is a reseller company authorized by HASBRO HONG KONG LIMITED (“Merchant” as detailed below) to sell Products via the aforementioned URLs . Notwithstanding the foregoing, you acknowledge and agree that for the purpose of the collection, use and/or disclosure of Personal Data, Scalefast Singapore PTE. LTD. is a data intermediary acting on behalf of Scalefast Inc.

These Terms of Sale ("Terms of Sale" or "Agreement") are a legal document that explains your rights and obligations as a Customer. Please read it carefully.

These Terms of Sale, the Seller’s Privacy Policy:

and the Merchant Privacy Policy: constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

1. Definitions

1.1 In this Terms of Sale, the following words and expressions shall have the following meanings unless the context otherwise requires:

Website:
The Merchant’s online store website accessible at:

Customer:
You, the user of the Website (and addressee of these terms).

Product(s):
Product(s) sold on the Website

Merchant:
HASBRO HONG KONG LIMITED having its registered office at 18-20/F, Hang Seng Tower, 33 Wai Yip Street, Kowloon Bay, Hong Kong

Seller
The Merchant’s authorized seller which operates the Website: The Seller is Scalefast Singapore PTE. LTD., a company incorporated in Singapore, with its address at 10 Anson Road, 12-14 International Plaza, Singapore, 079903.

Personal Data:
Data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

1.2 In this Terms of Sale, any words importing the singular shall include the plural and vice versa, and words importing a specific gender shall include the other genders (male, female or neuter).

2. PREAMBLE

2.1 The present Terms of Sale define and regulate the contractual relation between the Seller and you, the Customer.

2.2 The Seller is an online and offline e-commerce solutions provider as well as the seller of record for your purchase.

2.3 The present Terms of Sale apply exclusively between the Seller and any person who visits the Website and/or makes a purchase from the Website.

2.4 The Customer shall access and familiarise himself with the Terms of Sale as made available on the Website. These Terms of Sale may be altered, updated, modified or amended at any point in time, at the discretion of the Seller. The most current version of the Terms of Sale is made available on the Website, and supersedes all prior agreements and other communications between the Customer and the Seller relating to the subject matter of these Terms of Sale. By continuing to use the Website following the revisions, the Customer agrees to be bound by the revised Terms. At all times, the Customer shall be solely responsible for keeping up to date with and in compliance with the prevailing Terms of Sale as published on the Website.

2.5 The Customer’s failure to cancel or terminate his Account (as defined below) or cease to use the Seller’s ecommerce solutions will constitute the Customer’s acceptance of the altered, updated, modified or amended terms in these Terms of Sale. If the Customer does not agree to the alterations, updates, modifications or amendments to any of the terms in this Agreement, the Customer shall cancel or terminate his Account and/or to cease to use the Seller’s e-commerce solutions.

2.6 The information given on the said Website may be altered, updated, modified or amended by the Seller from time to time, without any prior notification to the Customer.

2.7 The Customer acknowledges and agrees that by placing an order or making a purchase on the Website, the Customer accepts the prevailing Terms of Sale as at the date on which the he placed the order or made the purchase. The Seller hereby grants to the Customer a limited and revocable license of access and use of the Website in accordance with these Terms of Sale.

2.8 The Seller may also from time to time publish additional guidelines, rules and conditions applicable to the access and/or use of this Website. The Customer agrees to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these Terms of Sale.

2.9 If the Customer does not agree to the terms set out in this Terms of Sale, please do not access or use the services on the Website.

3. User Account

3.1To place an order on the Seller’s ecommerce Store, the Customer can open a Store account with us (“Account”). This will require you, the Customer, to provide some compulsory personal information, which may include Personal Data. Alternatively, you can choose to place your order via the guest checkout.

3.2 In signing up for an Account, the Customer represents and warrants that:

  1. all registration information provided by the Customer is and will continue at all times to be true, accurate, current and complete to the best of the Customer’s knowledge and belief;
  2. the Customer will promptly update changes to his or her registration details; and
  3. the Customer is at least 13 years old. If the Customer is at least 13 years old, but below 18 years old, his parent or legal guardian must create the Account for him, and agree to indemnify the Seller for all activities under the created Account.

3.3 The Seller reserves the right to reject the Customer’s application for an Account and to, at any time, suspend the Customer’s use of or terminate the Customer’s Account.

3.4 The Customer’s Account may also include billing information that the Customer provides to the Seller for the purchase of on-going or repeat purchases (“Subscriptions”), for pre-orders or for faster future purchases. The Account may also be used by the Customer to financially contribute to and order creative toys, products and other items that will be developed and made available by Hasbro ("Crowd-Funded Products"). The Customer shall be solely responsible for all activity on his Account and for the security of his computer system. The Customer may not reveal, share or otherwise allow others to use his password or Account. The Customer acknowledges and agrees that he is personally responsible for the use of his password and Account and for all of the communication and activity on the Store that results from use of his login name and password. The Customer may not sell or charge others for the right to use his Account, or otherwise transfer his Account, nor may the Customer sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by these Terms of Sale.

3.5 The Customer agrees to: (a) inform the Seller immediately if the Customer has any reason to believe that his password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner; and (b) ensure that his Account information is accurate, complete and kept up-to-date. Under no circumstances shall the Seller be liable for any loss or damage arising from any unauthorised use of the Customer’s password or the Customer’s failure to comply with the foregoing.

3.6 The Customer also understands and acknowledges that his Account is solely associated with the Customer, and that the Seller does not recognize any transfer of Accounts (including transfers by operation of law) from the Customer to any third party. The Customer shall be the sole holder of his own Account.

3.7 The Customer’s order or purchase is subject to Product requirements which he must read before placing an order or purchasing a Product. The act of making a purchase constitutes the Customer’s acknowledgement and agreement to comply with these requirements. The Seller and Merchant shall not be held responsible for any loss, incompatible or erroneous purchases made on the Website. The Seller encourages the Customer to contact the Seller’s customer services in such an event so that the Seller may use reasonable endeavours to assist the Customer with the resolution of the Customer’s problem.

3.8 The Customer agrees that he will be personally responsible for the use of his Account and for all activity on the Store that results from use of his Account. The Customer’s online conduct is expected to be in good faith, non-abusive and not seeking any other personal interest other than the services provided on the Website. The Customer will otherwise be held in contempt and, at the discretion of the Seller, ensuing legal procedure may incur.

3.9 The Customer may cancel or terminate his Account at any time. The Customer may cease use of an Account at any time or, if the Customer so chooses, he may request that the Seller terminate his access to an Account. However, Accounts and Product delivery are not transferable and Product purchase transactions entitle the Customer to a single right to the delivery of the Products purchased. The Customer’s cancellation of an Account will not entitle him to any refund for any Products or fees that may have accrued to his Account before cancellation. The Seller holds the right to collect fees, surcharges or costs incurred prior to the cancellation or termination of the Customer’s Account. In addition, the Customer shall be responsible for any charges incurred to third-party vendors or content providers before the cancellation or termination of his Account.

3.10 The Customer hereby agrees that the Seller may, for any reason and at any time, in its sole discretion and with or without notice or liability to the Customer or any third party, immediately cancel or terminate the Customer’s Account including but not limited to where: (a) the Seller closes down the Store; (b) the Customer breaches any terms of this Agreement (including any Subscription Terms or Rules of Use of the Subscription); (c) there are extended periods of inactivity on the Customer’s Account in the Seller’s sole determination; and/or (d) the Customer’s behaviour is harmful to other users, third parties, or the business interest of the Seller. In the event that the Customer’s Account is terminated or cancelled by the Seller for a violation of these Terms of Sale or improper or illegal activity or behaviour that is harmful to other users, third parties, or the business interest of the Seller, no refund, including of any Subscription fees or of any unused funds in the Customer’s Account, will be granted.

3.11 Even when the Customer orders through the Website via our guest checkout, the Customer will need to provide us with certain compulsory personal information, which may include Personal Data, in order for us to process the order Please see our Privacy Policy to see how Personal Data will be used and stored.

3.12 The Customer is responsible for all charges incurred, including any and all applicable taxes, and all orders and purchases made on his Account or as guest checkout. If the Customer cancels or terminates his Account, the Seller reserves the right to collect fees, surcharges or costs incurred before any such cancellation or termination. Any delinquent or unpaid Account(s) must be settled before the Seller can allow the Customer to register a new Account.

4. Crowd-Funded Products

4.1 Overview. When a Customer backs a Crowd-Funded Product, the Customer makes a commitment to purchase the Crowd-Funded Product that will only be fulfilled if the minimum number of backings is met for the project during the Project Backing Period. Each Crowd-Funded Product will have its own duration when Customers can back the Crowd-Funded Product, each a “Project Backing Period.” Once the minimum number of backings is met, the Customer's backing will become an “Order” and the Customer's payment will be collected approximately five (5) business days from the completion of the Project Backing Period. The Crowd-Funded Product will be made and will then be shipped.

4.2 Minimum Commitment Goal Requirement. Customers must provide their payment information upon backing a Crowd-Funded Product. However, Customers will not be charged at that time. Customers are only charged if the project reaches the minimum backing goal during the Project Backing Period. The exact amount the Customer backs is the amount the Seller will collect. If the project has not reached its minimum backing goal during the Project Backing Period, the Customer will not be charged, no funds will be collected, and no money will change hands. Customers can check the main page for the Crowd-Funded Product backed to see if the minimum commitment goal has been met.

4.3 Early Reservation of Charge. In some cases, the Seller will reserve the charge on the Customer's card. The Seller and its payment partners may authorize or reserve a charge on the Customer's payment method for any amount up to the full backing amount, at any time between the Customer's backing and the collection of funds.

4.4 Early Cancellation of Backing. Customers can cancel their backing at any time before the payment collection has done by contacting Customer Support here or via manage order.

4.5 Revocation of Backing. The Seller reserves the right to revoke Customers' backing at any time in the Seller's sole reasonable discretion, including as a result of actual or suspected violation of these Terms.

5. Stock Availability and Sales Fulfillment

5.1 Products are for sale within the limit of available stock. If the Products cannot be fulfilled or delivered for any reason whatsoever, the Seller may cancel your Product Order (as defined in Clause 6), and refuse to complete the Product Order. The Seller’s sole liability and the Customer’s entire recourse in such situation is a refund of the amount paid by the Customer for the Product Order.

5.2 To prevent any unlawful use of this Store, the Customer shall not be allowed to order more than:

  1. Five (5) pieces of each non-Crowd-Funded Product
  2. Five (5) pieces of each Crowd-Funded Product

6. Application

6.1 The Customer’s Product Order (as defined hereinafter) is a binding offer to the Seller to purchase the specific products (“Product Order”). Upon the placement of a Product Order, an ensuing and immediate confirmation message will be displayed followed by a confirmation email to the Customer. Such automatic confirmation message does not constitute an acceptance by the Seller of the Customer’s Product Order, but merely constitutes a notice of acknowledgement. A contract between the Customer and the Seller shall be formed and concluded only when the Customer receives an email from the Seller expressly confirming that the specific Products have been dispatched (the "Fulfillment Confirmation E-mail").

6.2 If the Customer’s Product Order is dispatched in more than one package, the Customer may receive a separate Dispatch Confirmation E-mail for each package, and each Fulfillment Confirmation E-mail and corresponding dispatch will form and conclude a separate contract of sale between the Customer and the Seller for the Product(s) specified in that Fulfillment Confirmation E-mail.

7. Orders and Use of the Services

7.1 Any Product Orders shall be placed on the Store exclusively via the Internet, which the Customer acknowledges may be subject to limitations, delays, errors and other problems inherent in the use of the Internet and electronic communications, including without limitation automatic Product Order confirmation errors. The Customer shall check the automatic Product Order confirmation for any errors and inform the Seller immediately of any discrepancies. The Seller shall not be responsible or held liable to the Customer for any delays, delivery failures, loss or other damages resulting from or in connection with such limitations, delays, errors and other problems, including without limitation automatic Product Order confirmation errors.

7.2 The Seller reserves the right to cancel or refuse any Product Order from the Customer for any reason, including without limitation where the Customer’s previous order’s payment has not been received by Seller.

7.3 The Customer hereby agrees and consents to receiving sales invoices electronically. Electronic invoices will be made available in the Customer’s Account on the Website. For each delivery, in the Seller’s Fulfillment Confirmation E-mail, the Customer will receive a link to his electronic invoice on the Site. If you, the Customer, do not have an Account and/or have not printed your invoice upon receiving your Fulfillment Confirmation Email, or require further information about electronic invoices and instructions on how to obtain a paper copy, please contact the Seller’s customer support.

7.4 Unless otherwise stated, prices of the products are in local currency, and are exclusive of delivery charge, if applicable, and Goods and Services Taxes. The cost of delivery will be calculated and displayed on the Store before the Customer places his order. The Customer must accept the calculated cost of delivery in order to place an order on the Store.

8. Delivery of physical goods

8.1 The Customer’s order shall be delivered to the address indicated on the order form by the Customer during the ordering procedure.

8.2 Any delivery date indicated on the Website is strictly indicative and may vary with the status of the order. The Seller shall not be held responsible for delayed delivery caused by the Customer or any third party including but not limited to the carrier, postal services, couriers, customs, and import brokers nor shall the Seller be liable for any loss, whether direct or indirect, incidental, consequential or otherwise for any failure, delay or error in the delivery of the Customer’s order for any reason whatsoever.

8.3 For HasLab and pre-order products, the date listed on the Website is similarly an estimate of when the Products are expected to ship and are not a guarantee to fulfill delivery of the Product Order by that date. The schedule may change as production on the Products continue. Some projects or Orders may contain multiple shipments. In these cases, two estimated shipment dates will be visible.

8.4 In the event that the Seller had tried to fulfil delivery of the Product Order, but the Seller was unable to do so for any reason whatsoever, including:

  1. the Customer being uncontactable at the number that was provided to the Seller
  2. the Customer, or the intended recipient, was not present at the designated delivery address provided,
then such delivery shall constitute a failed delivery (“Failed Delivery”). No refund or replacement will be made for any Failed Delivery.

8.5 It is the Customer’s sole responsibility to verify the good condition of his package(s) and their content upon receiving the package. In the event the package(s), Products or their content do not conform with the Customer’s order, please refer to Clause 12 (Wrong and Faulty Products) below.

9. Payment

9.1 At the time of purchase, the Customer may choose to make payment based on the payment methods supported on the Store. The Seller may use third party services to verify, secure and/or process the Customer’s payment. The third party service provider may charge a fee for processing payments through the Store.

9.2 The Seller uses TLS (Transport Layer Security) encryption technology for transactions made on the Website. The Customer’s banking and card information is not stored by the Seller but may be stored by the payment service provider (as may be applicable), only if the Customer has selected the option of saving a credit/debit card for future use during check out or for a pre-order. Under no circumstances would the Seller have access to the Customer’s banking and card details at any point. To prevent instances of abuse and fraud, the Seller only stores the Customer’s name, address and the transaction time and date.

9.3 Any fraud or deception or attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be reported and provided to the authorities.

9.4 When the Customer provides payment, banking or card information to the Seller or to one of its payment service providers, the Customer hereby represents and warrants that he is the authorized user of the card, PIN, key or bank account associated with that payment, and the Customer authorizes the Seller to charge his credit card or to process his payment with the chosen third-party payment service provider for any purchases or fees chargeable to his Account. The Seller may require the Customer to provide the Customer’s address or other information for verification and/or in order to meet the Seller’s obligations under applicable law.

9.5 If the Customer’s use of the Store and purchases are subject to any type of tax (including without limitation Goods and Services Tax, sales tax and/or withholding tax), then the Seller may also charge the Customer for those taxes, in addition to the Subscription or other fees published in the Rules of Use.

9.6 The Customer agrees that he will not use IP proxying or other methods to disguise the place of his residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to the Customer’s country, territory or region, or for any other purpose. If the Customer does this, the Seller reserves the right to cancel or terminate the Customer’s access to his Account.

10. Ownership Rights

10.1 The ownership of the Products shall be transferred to the Customer when full payment is received. The Merchant shall be the exporter of record and the Customer shall be the importer of record. However, any risk of loss, damage, theft or destruction, in the period between the delivery and the transfer of ownership, shall be borne solely and entirely by the Customer. Should the Customer not honour his payment obligations for any reason whatsoever, the Seller shall be entitled to demand that the delivered merchandise be returned immediately to an address indicated by the Seller in writing, at the Customer’s own cost, expense, risk and peril. The Seller will be the seller of record for the fulfilment of the order.

10.2 The Seller makes no representations or warranties, either expressed or implied or statutory, regarding any third party. In particular, the Seller makes no representation or warranty that any service or subscription offered via third-party vendors or service providers will not change or be suspended or terminated.

11. License and user rights

11.1 The Seller makes no representations or warranties, either expressed or implied or statutory, regarding any third party. In particular, the Seller makes no representation or warranty that any service or subscription offered via third-party vendors or service providers will not change or be suspended or terminated.

11.2 The Customer may use the Store and his Account for his own personal and non-commercial use, but the Customer is not entitled to: (a) sell or grant a security interest to other parties in any way, nor to rent, lease or license his Account rights to others without the prior written consent of the Seller; or (b) exploit in any way the Seller software, the Store or his Account for any commercial purpose, except as expressly permitted elsewhere in these Terms of Sale.

12. Wrong or Faulty Product

12.1 If the order received is wrong or the Product is faulty, the Customer must first notify the Seller’s support team that he is willing to return the Product within thirty (30) days of delivery with the subject-line: FAULTY PRODUCT. The Customer must also provide:

  1. details of his order, including the order number,
  2. full description of the issue;
  3. disconformities and/or fault with the Product delivered (with photographs where applicable); and
  4. any other information to explain what is wrong with the Product.

12.2 In the case of an allegedly faulty Product, the Customer may return the Product in accordance with the returns procedure provided by the Seller’s support team. The allegedly faulty Product will be submitted for testing and verification by the Merchant, the logistics service provider and/or relevant experts. Subject to confirmation that the Product is faulty, the Customer may request for a replacement or refund. However, any requested Product replacement is subject to available stock. If there is no available stock, the Customer will be issued a full refund. Where a Product replacement is available, the cost of delivery of the replacement Product will be borne by the Seller.

12.3 Any postage, courier or delivery costs incurred by the Customer in relation to the return of an allegedly faulty Product will only be reimbursed by the Seller upon verification and confirmation that the Product is in fact faulty.

12.4 f the value of the Product is below a certain monetary value, Seller will request the Customer to keep and/or dispose of the Product rather than return it. This will not impact the Customer’s rights to a replacement or refund as detailed in Clause 12.2.

13. Right of withdrawal

13.1 The Customer has thirty (30) days, counted from the date of reception of the Product (“Withdrawal Period”), within which to return the Product, with no obligation of justification or payment of penalties. The Customer shall pay only the return postage cost for the package.

13.2 Only unopened Products in new condition will be accepted by the Seller.

13.3 The Customer must first notify the Seller’s support team that the Customer will be exercising his right of withdrawal by emailing the Seller’s support team specifying 'WITHDRAWAL OF ORDER' as the reason. The Customer may also submit the Model Withdrawal Form set out at the end of these Terms of Sale, duly filled in and signed by the Customer.

13.4 In order to return a Product, the Customer must follow the returns procedure provided by the Seller’s support team.

13.5 If the Product is returned after the Withdrawal Period or if the returns procedure is not followed and adhered to, the Seller has the sole and absolute discretion to refuse the return of the Product, in which case the Customer shall at its sole cost and expense, arrange for the collection of the Product.

13.6 If the Customer exercises his right to return a purchased Product, he may only demand reimbursement for the Products original amount actually paid.

13.7 The title to any returned Product remains with the Customer and does not transfer to the Seller until confirmation by the Seller that the Product has arrived at the returns address destination as designated by the Seller’s support team.

13.8 At the Seller’s sole and absolute discretion, a full or partial refund may be issued to the Customer without requiring a return of the Product. In this situation, the Seller will not take title to the refunded Product.

13.9 The Seller’s support team may be contacted via the contact details displayed on the Website.

14. Return procedure

14.1 Please refer to the online document available on the Website or contact the Seller’ to get information about the Seller’s policy regarding returns and the return procedure.

15. Intellectual Property

15.1 The Website including all materials and content (including without limitation information, features, texts, illustrations, data, images photographs, graphics, button icons, script, music, sound recordings, videos, software, programming, content and computer code), logos, trade marks, services marks, service names, domain names, brand names, designs and any other intellectual property (collectively, “Intellectual Property”) contained therein are and shall remain the sole and exclusive property of the Seller, the Merchant and/or their respective licensors or affiliates.

15.2 No right, license or permission, whether express or implied, is granted, directly or indirectly, to any party accessing and using the Website to use or reproduce any Intellectual Property, and no party accessing or using the Website shall claim, or attempt to claim, any right, title or interest therein.

15.3 By accessing and using the Website, the Customer hereby agrees: (a) to comply with all applicable laws protecting the Intellectual Property; and (b) unless otherwise expressly permitted under this Agreement, not to use, copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any Intellectual Property or part thereof.

16. Links to Third Party Websites

16.1 The Store may contain links to other third party websites and content. The Seller has not reviewed and assumes no responsibility for any third party website or content. The Seller does not have any control over these third party websites and content and is not responsible for their functionality, practices, services and/or security. By clicking on a link to such third party website or content, the Customer does so at his own risk and the Customer’s use and access to such third party website or content may be subject to their respective privacy policies and terms of use.

17. Personal Data

17.1 The Customer’s Personal Data may be collected, used and/or disclosed by the Seller when the Customer accesses and uses the Website (including without limitation when the Customer places a Product Order on the Store). The Customer hereby consents to the Seller’s collection, use and disclosure of the Customer’s Personal Information in accordance with the Seller’s Privacy Policy.

18. Responsibilities

18.1 The Customer and the Seller hereby agree that these Terms of Sale do not intend to confer and do not confer any rights or benefits upon any person other than the parties to these Terms of Sale, the Merchant and Indemnitees. A third party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 2001 and equivalent applicable legislation in the relevant jurisdiction to enforce or to enjoy the benefit of any term in this Agreement.

18.2 When the Customer uses the Website, he may also be using the services of one or more third parties, such as a payment service provider. The Customer’s use of these third party services may be subject to separate privacy policies, terms of use, and fees of these third parties. The Seller encourages the Customer to refer to and familiarise himself with the policies and terms of use of these third parties.

18.3 The Customer acknowledges and agrees that the Website is provided by the Seller “as is” and “as available” with no representations, warranties or undertakings of any kind, whether express or implied, in relation the Customer’s access and use of the Website. To the maximum extent permitted under applicable law, the Seller specifically disclaims all warranties, whether express or implied: (a) as to the availability and appropriateness of the Website; (b) regarding the timeliness, quality, fitness, completeness, correctness, accuracy, suitability, reliability or otherwise of the Website or its content or the results of its use for any purpose (c) that the Website or the Customer’s use of the Website will not infringe the intellectual property or other proprietary rights of any third party (d) that the Website (or the server that makes it available) will be error-free, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties), or free of any bug, computer virus, unauthorised software or other harmful elements, codes or components not specifically mentioned herein; (e) that the Website will contain information that is always timely and accurate; (f) that the Website will operate or function properly on the Customer’s devices or operating systems; and (g) that the Website will not cause any damage to the Customer’s devices or operating systems.

18.4 If the Seller is prevented, hindered or delayed in or from performing any of its obligations under this Agreement due to any event or circumstance not within the Seller’s reasonable control (including without limitation epidemic, pandemic, acts of God, flood, drought, earthquake or other natural disaster, terrorist attack, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent) (each a “Force Majeure Event”), the performance of Seller’s obligations under this Agreement shall be excused and suspended during the period the Force Majeure Event prevents, hinders or delays the Seller's performance of its obligations without any liability to the Customer.

18.5 To the maximum extent permitted under applicable law, in no event shall the Seller, the Merchant, or its affiliates be liable whether in contract, warranty, tort, product liability, strict liability, or other cause of action at law or otherwise, for: (a) any loss of profits, loss of revenue or loss of data, in each case whether direct or indirect; or (b) any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in connection with the Customer’s use or inability to use the Website, the Seller’s software and any information available in connection therewith, subscriptions (if any)even if the Seller has been advised of the possibility of such damages.

18.6 To the maximum extent permitted under applicable law, the Seller, its affiliates and the Merchant’s cumulative aggregate liability arising out of or in connection with this Agreement shall be limited to the higher of: (a) the amount actually paid by the Customer in relation to the Customer’s access or use of the Website in the incident giving rise to the Customer’s claim against the Seller, its affiliates and/or the Merchant; or (b) [two hundred Singapore Dollars only (S$200)].

18.7 The Customer hereby agrees to defend, indemnify and hold harmless the Seller, its affiliates, licensees, sub-licensees, assignees, transferees, agents, successors, the Merchant and each of their respective officers, directors, employees, servants and service providers (collectively, the “Indemnitees”) from and against any and all liabilities, claims, demands, statutory penalties, fines, expenses (including court costs and fees of solicitors (on a full indemnity basis) and other professionals), damages or loss (collective, the “Losses”) arising from or in connection with any breach of these Terms of Sale or the use of the Store by the Customer or any person(s) using the Customer’s Account, or from the Product selection to the creation of an Account, the purchase, distribution, promotion and use of any add-ons or derivative Products

18.8 If the Customer provides the Seller with any feedback, recommendations or suggestions about the Store, or any Seller software, Products or services (collectively, “Feedback”), the Seller will own and have the unrestricted and irrevocable right (but not the obligation) to use (without any requirement of attribution, remuneration or other obligation whatsoever) all Feedback given hereunder, and accordingly, the Customer hereby irrevocably assigns to the Seller all right, title and interest in and to all Feedback, including any Intellectual Property in or to the Feedback, and if the same cannot be so assigned under applicable law, then the Customer hereby grants to the Seller an unlimited, worldwide, exclusive, perpetual, irrevocable, fully paid up license to use, copy, modify, sub-license and create all derivative works thereof. The Customer hereby agrees to provide reasonable assistance to secure Seller's right, title and interest in and to all Feedback, including any Intellectual Property relating thereto.

18.9 The Seller may inform the Customer through an online notice in the case of systems’ maintenance on the Website and shall not be held responsible for any incurring ensuing delays or consequences.

19. Product Information

19.1 All photographs and pictures used to illustrate the Products for sale on the Website are for information and/or illustration purposes only and may not an accurate or true representation of the Products. Seller shall not be responsible for any claim that the Products received do not identically match the Product featured or displayed on the photographs and pictures on the Website.

19.2 Unless expressly indicated otherwise, the Seller is not the manufacturer of the Products sold on the Website. While the Seller works to ensure that Product information on the Website is accurate and correct, the actual Product packaging and materials may contain more and different information to that displayed on the Website. All information about the Products provided on the Website is provided for information and/or illustrative purposes only.

19.3 The Seller recommends that the Customer does not rely solely on the information presented on the Website. The Customer should always read the labels, warnings and directions provided on the Product packaging and materials before use.

20. Customers’ public statements

20.1 Visitors to the Website may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, harassing, alarming, distressing, vulgar, libelous, defamatory, invasive of privacy, hateful, infringing of intellectual property rights, or otherwise injurious to any third party or racially, ethnically, religiously, or otherwise objectionable and does not consist of or contain software viruses (including without limitation worms, Trojan-horses or any other compute code, files or programs designed to, directly or indirectly, interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or system or hardware or data or telecommunications equipment), political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". The Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-card or other content. The Seller reserves the absolute right to remove or edit such content.

20.2 If the Customer believes in good faith that:

  1. any content on or advertised for sale on the Website fails to meet the standard stated above, or that his intellectual property rights are being infringed by an item or information on the Website; or
  2. any content on, or within a Product advertised for sale on, the Website contains a defamatory statement,
the Customer shall notify the Seller immediately by contacting the Seller’s Customer Support here.

20.3 The Seller will exercise reasonable efforts to respond expeditiously to the Customer and/or its agent(s) to communicate concerns about any alleged infringement. Upon receipt of any infringement notice from the Customer, the Seller may take certain actions, including but not limited to duct from the Website, all of which shall be done without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which the Seller reserves and holds an unmitigated discretion to execute. Furthermore, by submitting an infringement notice to the Seller, to the maximum extent permitted under applicable law and unless expressly stated to the contrary in the Customer’s infringement notice, the Customer hereby grants the Seller the right to use, reproduce, publish, translate, and display the content of the Customer’s infringement notice throughout the world in any media. This includes forwarding the Customer’s infringement notice to the any party involved in the provision of the allegedly infringing content or Product. The Customer hereby agrees to fully indemnify, defend and hold harmless the Indemnitees for any and all Losses arising out of or in connection with the submission of the Customer’s infringement notice and his claim of infringement.

20.4 By posting, uploading or submitting content or material on the Website, and unless the Seller indicates otherwise, the Customer grants to: (a) the Seller a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display and perform such content throughout the world in any media format and through any media channels, and the Customer hereby formally and unconditionally agrees to waive any moral rights; and (b) the Seller, its affiliates, licensees, sublicensees, assignees, transferees, agents and/or successors the right to use the name that the Customer submits in connection with such content, if they so choose. In respect of the foregoing, the Customer hereby formally, irrevocably and unconditionally agrees to waive any moral rights or similar rights in any part of the world (including as defined under the Copyright Act 2021 or the relevant applicable equivalent legislation in the Customer's jurisdiction) in each case for the benefit of the Seller, its affiliates, licensees, sub-licensees, assignees, transferees, agents, and/or successors.

20.5 To the extent permitted by law, the Customer formally agrees to waive his right to be identified as the author of such content and his right to object to derogatory treatment, use and modification of such content. The Customer agrees to perform and procure the performance of all further acts, deeds, things and documents as may be necessary to give effect to and perfect the above license and rights granted by the Customer to the Seller, its affiliates, licensees, sub-licensees, assignees, transferees, agents, and/or successors including to sign and/or execute all such documents, forms, applications, registrations, powers of attorney and authorisations and depose to or swear any declaration or oath as may be required by any authority or party, at the Seller’s request.

20.6 By posting, uploading or submitting content or material, the Customer represents and warrants that: (a) he has all necessary rights, license and/or permission to post the content or material on the Website; (b) that he has all necessary rights, licenses and/or permissions to grant the licenses above to the Seller, its affiliates, licensees, sub-licensees, assignees, transferees, agents, and/or successors; and (c) as at the date that the content or material is posted, uploaded or submitted by the Customer: (i) the content and material is true and accurate; and (ii) use of the content and material supplied by the Customer does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including without limitation that the content or material is not defamatory or libelous in nature).

20.7 The Customer hereby agrees to indemnify, defend and hold harmless the Indemnitees from and against any and all Losses arising out of or in connection with the content and material the Customer posts, uploads, submits and supplies on the Website.

21. Applicable Law - Competent Jurisdiction

21.1 Most user concerns can be resolved by use of the Seller’s Customer Support here. If the Seller is unable to resolve any of the Customer’s concerns and a dispute remains between the Customer and the Seller, this section explains how the parties agree to resolve it.

21.2 The parties agrees that these Terms of Sale shall be governed by and construed in accordance with the law of Singapore, and any dispute or claim arising hereunder shall be resolved in accordance with the law of Singapore. The parties hereby agree to submit to the exclusive jurisdiction of the Singapore courts. If any term or provision of these Terms of Sale is deemed illegal, invalid or unenforceable in whole or in part by a court or other tribunal of competent jurisdiction, the remaining terms of this Agreement shall not be affected and shall remain in full force and effect.

21.3 If the Customer breaches these Terms of Sale and the Seller takes no action, the Seller will still be entitled to exercise and invoke its rights and remedies in any other situation where the Customer breaches these Terms of Sale.

22. Customs

22.1 The Customer agrees to comply with all applicable laws, including any import/export laws, regulations and restrictions. The Customer agrees not to export the Product or allow use of his Account by individuals situated in a country or region that is subject to an embargo or prohibition of any form by the United Nations, or from the US government, the European Union or NATO. The Customer represents and warrants that he is not located in, under the control of, or a national or resident of any such prohibited country or region. The Customer agrees to use the Product only for his personal use, and in no case shall resell it.

22.2 When ordering Products from the Seller for delivery outside of Singapore, the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance shall be borne solely and entirely by the Customer; the Seller has no control over these charges. Customs policies vary widely, so the Customer should contact his local customs office for further information and familiarise himself with all import and export restrictions applicable to the particular destination country or region. The Customer acknowledges and agrees that the Seller cannot provide any legal advice in this regard and that the Seller shall not bear any risks or liabilities associated with such import and export of Products. Additionally, please note that, the Customer will be considered the importer on record of the Products and must comply with all laws and regulations (including without limitation the import/export laws, regulations and restrictions) of the country or region in which the Customer is importing the Products, which may be foreign version Products compliant with rules of origin country. As the Customer’s privacy is important to the Seller, the Customer to please be aware that cross-border deliveries may be subject to inspections and investigations by customs authorities.

23. Survival

23.1 Any provision of this Agreement that is intended (whether expressly or by implication) to survive the termination or expiry of this Agreement shall remain in full force and effect, including without limitation Sections 18 (Responsibilities) and 20 (Applicable Law – Competent Jurisdiction).