Terms of Service

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.

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.

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.

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.

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.

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.

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. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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. 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.

Any sale or purchase from our Site will be governed by our Conditions of Sale which are incorporated into these Terms by reference.

We reserve the right to refuse service to anyone for any reason at any time.

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.

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.

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.

By using the Site, you agree, warrant, and represent that:

• 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;
• You will promptly update and maintain the accuracy of any such information which you provide to us in the registration process;
• 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;
• Your use of the Site will not violate any applicable law or regulation, state, national or international;
• You will not use the Site for any illegal or unauthorised purpose;
• You will not use or access the Site through the use of automated or non-human means, whether through a bot, script; or otherwise

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.

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.

Prices for our products are subject to change without notice. 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.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. 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.

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.

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.

We reserve the right but are not obligated to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

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. 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.

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.

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.

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. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

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").

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.

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.

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.

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.

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.

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.

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.

Your submission of personal information through the Site or store is governed by our Privacy Policy and these Terms of Service. 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.

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.

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.

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).

You are prohibited from using or accessing the Site for any purpose other than that which the Site is made available for. As a user of the Site and our Services, you agree not to:

• 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;
• 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;
• Use the Site to advertise or offer to sell goods and services except with our written approval;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• 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;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• Attempt to impersonate another user or person or use the username of another user;
• Use any information obtained from the Site in order to harass, abuse, or harm another person;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
• Use the Site in a manner inconsistent with any applicable laws or regulations.

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 electronically, via email, and also on Site, meet any and all legal requirements that such communication shall be in writing.

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.

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.

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

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.

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.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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.

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.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever 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.

We may offer you sections on the Site to leave ratings or reviews. When doing so, you shall comply with the below guidelines:

• Reviews shall not have offensive profanity, or abusive, racist, offensive, or hate language;
• Reviews shall not carry speech that is discriminatory based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• Reviews shall not carry any reference to or be in connection with unlawful or illegal activity;
• You may not be affiliated with competitors when posting negative reviews or ratings;
• You may not make any conclusion as to the legality of the transaction or conduct;
• You shall not post a misleading or false review or ratings.

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 your violation of any law or the rights of a third-party.

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.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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. 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.

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. 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.

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.

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. 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.

First Option: Informal Negotiations
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.

Second Option: Binding Arbitration
If Parties are not able to resolve the dispute through informal negotiations, the dispute will be exclusively and finally be determined by binding arbitration. The Arbitration must be commenced and undertaken under the Singapore International Arbitration Centre (SIAC) framework.

Third Option: Proceedings and Litigation
Any proceedings or legal actions whatever the nature by either you or us shall be prosecuted in Singapore. 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.

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