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Terms of service

Terms of Service

Last Updated: February, 2023

SECTION 1: OVERVIEW

  1. This website is operated by Odd Bird Art. Throughout the Site, the terms “we”, “us” and “our” refer to Odd Bird Art. Odd Bird Art offers this website (Site: inclusive of oddbird.art and all related webpages), including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
  2. By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, artists, merchants, and/ or contributors of content.
  3. Please read these Terms of Service carefully before accessing or using our website. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you are expressly prohibited from using the Site and you must discontinue use immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
  4. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time and for any reason. It is your responsibility to check this page periodically for changes. 
  5. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. Should you have subscribed to our email list, we may send you and you may receive an email notifying you of updates. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  6. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. You are advised to read and familiarise yourself with Shopify Inc. Terms of Service and Data Protection Policies.
  7. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the law or regulation or rules which would subject us to any registration requirement within such jurisdiction or country.
  8. Accordingly, those persons who choose to access and use the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

SECTION 2: ONLINE STORE TERMS

  1. By agreeing to these Terms of Service, you represent that you are at least the age of 18 in your country, state, or province of residence, or that you are the age of majority, whichever the age, in your country, state, or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
  2. You may not use our Service or Site for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) and international law.
  3. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  4. By agreeing to these Terms of Service, you understand that your order may be fulfilled by third parties who may be our agents, affiliates, partners, or independent parties such as shipping companies.
  5. Further, you have agreed that we may share your personal information or details only to the extent that facilitates accurate shipping of Products from ourselves or third parties. Such information may include names, addresses, and telephone numbers. We will not share any information such as credit card information and payment details.
  6. Any sale or purchase from our Site will be governed by our Conditions of Sale which are incorporated into these Terms by reference. Our Conditions of Sale shall also be accessed or made available to you during or before the checkout process. You are advised to read and familiarise yourself with our Conditions of Sale.

SECTION 3: GENERAL CONDITIONS

  1. We reserve the right to refuse service to anyone for any reason at any time.
  2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without an express written permission by us.
  4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4: USER REGISTRATION AND REPRESENTATIONS

  1. You may be required to register and share personal details and information on the site. You agree to keep your password private and confidential and you will be responsible for all the use of your password and account. We reserve the right to reclaim, remove, or change a username that you select should we deem or determine, in our sole discretion, that such a name is obscene, inappropriate, or otherwise objectionable.
  2. By using the Site, you agree, warrant, and represent that:
    1. All the information you submit during registration, payment, or otherwise share with us through any Services provided on the Site is accurate, true, complete, and current;
    2. You will promptly update and maintain the accuracy of any such information which you provide to us in the registration process;
    3. You are not under the age of 18 years, or not under the age of majority in the jurisdiction where you access and use this Site or if you are a minor you have received parental or guardian consent or are supervised by your parent(s) or guardian;
    4. Your use of the Site will not violate any applicable law or regulation, state, national or international;
    5. You will not use the Site for any illegal or unauthorised purpose;
    6. You will not use or access the Site through the use of automated or non-human means, whether through a bot, script; or otherwise
    7. Should you provide to the Site any information that is unlawful, misleading, not current, inaccurate, untrue, or incomplete, we reserve the right to terminate or suspend any current or future use of the Site notwithstanding any pending transactions or purchases.

SECTION 5: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

  1. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
  2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6: MODIFICATIONS TO THE SERVICE AND PRICES

  1. Prices for our products are subject to change without notice.
  2. We reserve the right at any time to modify or discontinue the Products or Services (or any part or content thereof) without notice at any time.
  3. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
  4. You shall not hold us liable for any losses which arise from your third-party commitments and legal relationship or obligations should we discontinue our Service or Products.

SECTION 7: PRODUCTS OR SERVICES

  1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Payment and Return Policy.
  2. We recommend that you should use high-definition displays when viewing Products on our Site to be able to get accurate displays and illustrations of the Products. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
  3. We reserve the right but are not obligated to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  5. You agree and acknowledge that art is unique and subjective and hence agree that warranties and conditions set in diverse applicable law to the sale of goods will not be applicable should a dispute arise between us and you.
  6. You further agree that our products are shipped without warranty or any guarantee as to quality or form. We will not be liable for any wear, breakage, deterioration, and change in quality after the delivery of the products or over time.

SECTION 8: ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
  2. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
  3. You agree and consent that we may collect data and information like telephone number, postal code (address), area code, email address(es), identification information, driver's licence, and others for purposes of billing (including and not limited to credit card information), verification, or in compliance with any financial law in Singapore, international or applicable law.
  4. For more detail, please review our Payment and Returns Policy.

SECTION 9: OPTIONAL TOOLS

  1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  2. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  3. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10: THIRD-PARTY WEBSITES, CONTENTS, AND LINKS

  1. The Site may contain links to other Websites (“Third-party Websites”) including texts, articles, photographs, designs, pictures, sound, music, video, application, information, software, and other items or content belonging to or originating from third parties (“Third-Party Content”).
  2. Such Third-Party Websites and Contents are and have not been verified, investigated, checked, or monitored for accuracy, completeness, or appropriateness by us, and we shall not be responsible for any Third-Party Websites and Content which are accessed by you. We have not vouched for the accuracy, opinions, offensiveness, privacy practice, reliability, or other policies which are contained in the Third-Party Content and Websites.
  3. You are advised to review and read the applicable policies and terms of use, inclusive of the privacy policy of any website or links which you navigate from the Site. Any purchase which you make on Third-Party Websites will not be through our Services and we shall not be responsible whatsoever for any transactions or purchases which you conduct.
  4. It will not imply approval or endorsement of Third-Party Content and Websites if there is inclusion, linking, or availing of such Content and Websites on our Site. Should you leave the Site and access the Third-Party Website or to install or use any Third-Party Content, you will do so at your own risk and these Terms of Service shall no longer be applicable.
  5. You acknowledge and agree that we have not endorsed any products and services found or linked on the Third-Party Websites and thus you shall hold us not liable and we shall not be liable for any damages or losses when you purchase any products from third parties. Further, you will direct any questions and enquiries of services and products offered on Third-Party Websites to such third parties and not ourselves.

SECTION 11: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

  1. If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (“comment”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 12: INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise expressly stated, the Site and all Content inclusive make up our proprietary property including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Content”) and the trademarks, logos, and service marks contained therein (“Marks”) are controlled, owned or licensed to and by us, and are protected by copyright and trademark laws of Singapore and other applicable law including various other intellectual property rights and unfair competition laws of Singapore, foreign jurisdictions, and international conventions. 
  2. You agree and acknowledge that the Content and the Marks on the Site are provided to you “as is” for your information and personal use only. Save as expressly provided in these Terms of Service, no part of the Site and no Content thereof or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Further, no commercial exploitation whatsoever of the Contents and the marks are permissible unless you have our express consent and permission.
  3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use related to making purchases and transactions on our Site. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
  4. You are further prohibited from printing, photocopying, and making photographs of the art or any products which are supplied to you by us under this Terms of Service or through the Site.

SECTION 13: PRIVACY POLICY AND PERSONAL INFORMATION

  1. Your submission of personal information through the Site or store is governed by our Privacy Policy and these Terms of Service. Click this link to view our Privacy Policy. By using our Services and the Site you acknowledge and agree to be bound by our Privacy Policy which is incorporated into these Terms of Service. Please be advised that the Site will be hosted in Singapore and/or the Server location of Shopify (you are advised that the server location of Shopify is not under our control). You can visit our Privacy Policy page at your own time: [add link here]
  2. You agree that we may but are not obligated to notify you of the location where data is collected and processed. By agreeing to these Terms of Service you agree that our service provider (including and not limited to Shopify) will have the permission and authority to store, process, and transfer your data.
  3. If you access our Services and the Site from the European Union, United States of America or any other region in the world with laws and requirements which are applicable to personal data collection, disclosure, storage, processing, or use which differ from the applicable laws in Singapore, then through your use or continued use you are transferring your data to Singapore and/or any other location where our service providers (including and not limited to Shopify), and you are deemed to have consented expressly to have your data transferred, collected and processed in Singapore and/or other jurisdictions where Shopify host, store, and process data. Kindly take notice that we are not in control of the Shopify servers, data processing, or data storage location - the location may vary from time to time).
  4. Further, we do not collect, request or solicit data or information from children. Should we discover or receive actual knowledge that a person under the age of majority has provided personal information without the requisite verifiable consent from the parents or guardians, we shall delete the information or data from our Site as soon as practicable.

SECTION 14: ERRORS, INACCURACIES, AND OMISSIONS

  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15: PROHIBITED USES

  1. You are prohibited from using or accessing the Site for any purpose other than that which the Site is made available for. You may not use the Site in connection with any commercial endeavours except in a manner that is endorsed and approved by us.
  2. As a user of the Site and our Services, you agree not to:
    1. systematically or in any unauthorised manner retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    2. make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
    3. use a buying agent or purchasing agent to make purchases on the Site unless with approval from us.
    4. use the Site to advertise or offer to sell goods and services except with our written approval.
    5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
    6. engage in unauthorised framing of or linking to the Site.
    7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
    8. make improper use of our support services or submit false reports of abuse or misconduct.
    9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
    11. attempt to impersonate another user or person or use the username of another user.
    12. sell or otherwise transfer your profile to a third party.
    13. use any information obtained from the Site in order to harass, abuse, or harm another person.
    14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
    15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
    16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
    17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
    18. delete the copyright or other proprietary rights notice from any Content.
    19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
    21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, web bugs, pixels, cookies, or other similar devices such as passive collecting mechanisms or spyware
    22. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
    23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    24. use the Site in a manner inconsistent with any applicable laws or regulations.

SECTION 16: ELECTRONIC COMMUNICATION, SIGNATURES, AND TRANSACTIONS

  1. Using, and visiting the site, sending us emails, and completing any forms shall constitute electronic communication. You consent that you will receive communications from us, and you further agree that all notices, agreements, disclosures, and other communications we may provide to you (or you to us) electronically, via email, and also on Site, meet any and all legal requirements that such communication shall be in writing.
  2. You hereby agree to the use of orders, contracts, electronic signatures, and other records, and further agree to the electronic delivery of all policies, notices, and records of transactions that are completed or initiated by you or us via the Site comply with all applicable laws requiring written notices and that electronic signatures will be acceptable and have the same effect as written signatures.
  3. You further hereby waive any requirement or right under any regulation, statute, rules, ordinances, or any other law in any jurisdiction that requires original signatures or retention or delivery of non-electronic records, or to the payments or the issuing of credits by any means other than electronic.

SECTION 17: INTELLECTUAL PROPERTY PROTECTION

  1. With respect to intellectual property rights and other related rights, if you believe that any information available through and on the Site infringes upon your intellectual property, immediately notify our designated Intellectual Property and Data Protection Officer using the contact information below.
  2. All notifications must be as per the applicable federal, national, state, or international law. Please be advised that making a material misrepresentation in a Notification may lead to liability on your part.
  3. We may or may not take down the material after we have received your intellectual property infringement Notice. We may also contact the person or third party who posted the information or material before making an adverse takedown or decision.

Contact Information for designated Intellectual Property and Data Protection Officer

Name:

Attn: Data Protection Officer

Address: #14-04, Singapore Business Federation Centre, 160 Robinson Road, Singapore 068914

Email: dpo@oddbird.art

SECTION 18: SOCIAL MEDIA AND THIRD PARTIES

  1. Due to the functionality of the Site, you may link your registered account with online third-party service providers (“Third-party Account”) by either: providing and using the Third-Party Account login information through the Site; or allowing the Site and us to access your Third-Party Account, as permitted under the terms and conditions of the respective Third-Party Account service provider.
  2. You warrant and represent that you are entitled to disclose your Third-Party Account login and access information to us and you further grant us access to the Third-Party Account, without us being in breach of any terms and conditions governing the Third-Party Account and without any obligations for us paying any fees or making us subject to any limitations and terms outside these Terms of Service.
  3. By granting us access to the Third-Party Accounts, you understand that; (1) we may make available, access, and store (when and where necessary) any content that you provide to and also store in the Third-Party Account; (2) we may use third party data and information for verification of your account with us; and (3) we may also receive and also submit to your Third-Party Account any additional information after you are notified of the link between your registered account and your Third-Party Account. 
  4. Based on the Third-Party Accounts and subject to the privacy settings which are set by the service providers, personally identifiable information that you or a third-party post on your social media or may be available through your account on the Site.
  5. Do note that if associated services or Third-Party Accounts are made unavailable or the access of the information by us is terminated by the service providers or you, then the content and information will not be available through and on the Site.
  6. You may also disable the connection between your Third-Party Account and the Site whereby all your information accessed or stored by us through the connection will be removed and deleted from our Site and database within a reasonable time in a manner that does not affect your ability to use our Services. Some data or information which was provided by or through the third parties may still be stored by us if the same information or data is critical for our verification of your account or payment process.
  7. You can also deactivate the connection between the Third-Party Account and our Site by contacting us using the contact information below or through the account settings.

SECTION 19: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
  2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  3. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
  4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  5. In no case shall we, our directors, shareholders, investors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  6. Notwithstanding anything to the contrary which is contained herein in the Terms of Service, our liability to you for any cause whatsoever and regarded less of a form of action, will be at all material times be limited to an amount equal or lesser than the amount you have paid to us or a maximum of $500, whichever is lower. Our liability is limited for matters arising out of tort or negligence, loss of items during shipment, wrong shipment, late shipping or delays and damaged items.

SECTION 20: GUIDELINES FOR REVIEW

  1. We may offer you sections on the Site to leave ratings or reviews. When doing so, you shall comply with the below guidelines:
    1. Reviews shall not have offensive profanity, or abusive, racist, offensive, or hate language;
    2. Reviews shall not carry speech that is discriminatory based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability, or any other ground provided by applicable law;
    3. Reviews shall not carry any reference to or be in connection with unlawful or illegal activity;
    4. You may not be affiliated with competitors when posting negative reviews or ratings;
    5. You may not make any conclusion as to the legality of the transaction or conduct;
    6. You shall not post a misleading or false review or ratings, and further; and
    7. You shall not prepare, mobilise or organise campaigns that encourage others to post reviews or ratings, whether negative or positive.
  2. We may reject, remove or accept reviews at our sole discretion. We have no obligation or duty to delete or screen reviews, even when you or anyone else considers the reviews to be inaccurate or objectionable. Such reviews are not endorsed by us and further do not represent our inclination, views, or opinion of any partners or affiliates of ours.
  3. We do not assume liability or responsibility for any reviews or ratings which are posted on our Site. We further do not assume liability, claims, injuries, or losses which arise out of or result from any ratings or reviews. When you post a review or a rating you agree to grant us worldwide, perpetual, non-exclusive, fully-paid, royalty-free, assignable, and sublicensable rights; and the licence to modify, reproduce, transmit, translate by any means, perform, display, or distribute all the content relating to ratings and reviews.

SECTION 21: INDEMNIFICATION

  1. You agree to indemnify, defend and hold harmless ourselves, parent company, investors, shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  2. The foregoing notwithstanding, we reserve the right, at your expense, to assume the exclusive control and defence of any proceedings or matter that you are required to indemnify us. You acknowledge and agree to cooperate with us, at your expense, with such a defence of such proceedings upon our notification of the claim or proceedings.

SECTION 22: SEVERABILITY

  1. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23: TERMINATION

  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  3. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION  24: ENTIRE AGREEMENT

  1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25: GOVERNING LAW

  1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.

SECTION 26:  CHANGES TO TERMS OF SERVICE

  1. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27: DISPUTE RESOLUTION

First Option: Informal Negotiations

  1. The Parties have agreed to first use negotiations informally for at least 30 days before initiating arbitration in order to expedite dispute resolutions and control the costs of the proceedings which relate to these Terms of Service. Such informal negotiations shall commence after written notice issues from us or you.

Second Option: Binding Arbitration

  1. If Parties are not able to resolve the dispute through informal negotiations, the dispute will be exclusively and finally be determined by binding arbitration. You understand that with this clause, your right to sue and have judicial remedy is not excluded.
  2. The Arbitration must be commenced and undertaken under the Singapore International Arbitration Centre (SIAC) framework and where parties deem fit the SIAC Rules (6th Edition, 1 August 2016) will be applicable. The same can be found at the SIAC website: https://www.siac.org.sg/our-rules

Third Option: Proceedings and Litigation

  1. Any proceedings or legal actions whatever the nature by either you or us shall be prosecuted in Singapore and the Parties hereby consent that they have waived all defences of forum non conveniens and personal jurisdiction with respect to the jurisdiction and the venue.
  2. Any contract or transaction which is completed on the site by you shall be deemed to have been completed under the laws of Singapore regardless of your country or location or region where you access the site.
  3. The use and application of the United Nations Convention on Contracts for International Sale of Goods (NCCIIG) has been excluded from these Terms of Service. In no event shall any action, claim, or proceedings be commenced by either Party relating to the Site commenced more than 3 years after the cause of action arose.

SECTION 28: CONTACT INFORMATION

In order to resolve any complaint regarding any dispute or rights arising from these Terms of Service or to make any inquiries concerning the Site, please contact us at:

Business Name: Odd Bird Art Pte. Ltd.

Business Address: #14-04, Singapore Business Federation Centre, 160 Robinson Road, Singapore 068914

Business WhatsApp Number: +65 9851 3099

Email Address: support@oddbird.art

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