Date of Last Revision: July 31, 2017
This Terms of Service (the “Terms”) is a binding contract between you, an individual user (“you”), and Dezainn Pte Ltd. (“Dezainn,” “us” or “we”) governing your use of the Dezainn website (the “Website”), mobile applications and related services (the Website, mobile applications and related services, including any new features and applications, are, collectively, the “Service”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
THIS TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION CLAUSE, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DEZAINN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
We reserve the right, at our sole discretion, to change or modify portions of this Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service’s user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
- Services Description: The Service is a platform connecting people seeking interior design services (“Clients”) to our community of talented, professional interior designers (“Designers”) (both Clients and Designers are “Users”) to obtain online interior design services and assist Clients with purchasing furniture and accessories. Please be advised: Although Dezainn administers the Service and establishes certain terms for certain design packages offered through the Service (including package features, pricing and options), Dezainn is not otherwise a party to the design services or any other transactions that may take place between Clients and Designers and is not involved in or responsible for the performance of any services provided by Designers. Dezainn has no control over the performance of any service by Designers or any claims made by Designers about the products or services they may offer, nor does Dezainn guarantee or endorse the truth or accuracy of any representations made by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers. Clients and Designers (and not Dezainn) bear all risks and liabilities associated with any design services or other transactions between them.
- Relationship of Users: All Users acknowledge and understand that Dezainn is not an employer, broker, agent or insurer for any Users of the Service, whether they be Designers or Clients. Dezainn’s acceptance of a Designer to the Service should not be construed as or otherwise deemed an endorsement or promotion of such Designer, and such acceptance is in reliance on the Designer’s representation and warranty to Dezainn of the accuracy of information submitted by such Designer. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User’s own risk.
- Third Party Fees: You may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
- Any capitalized terms not defined herein are defined in our FAQs, which can be found here: https://www.dezainn.com/faq
2. Access and Use of the Service
- Eligibility/Minors: The Service is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law. By registering with the Service, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. If you are using or opening an account on the Service on behalf of a company, entity or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this Terms of Service and (ii) agree to be bound by this Terms of Service on behalf of such Subscribing Entity. We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change the eligibility criteria at any time. This foregoing is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
- Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Dezainn of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Dezainn will not be liable for any loss or damage arising from your failure to comply with this Section. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Dezainn by sending an e-mail to email@example.com.
- General Practices Regarding Use and Storage: You acknowledge that Dezainn may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Dezainn’s servers on your behalf. You agree that Dezainn has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Dezainn reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Dezainn reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Modifications to Service: Dezainn reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dezainn will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Dezainn and other entities by text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Dezainn account information to ensure that your messages are not sent to the person that acquires your old number.
3. Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Dezainn. Dezainn reserves the right to investigate and take appropriate legal action against anyone who, in Dezainn’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree not to use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Dezainn, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Dezainn or its Users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- provide false personal information, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
- access, tamper with or use non-public areas of the Service, Dezainn’s (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of Dezainn’s providers;
- gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information or to other computers or websites connected or linked to the Service;
- create a new account with Dezainn, without Dezainn’s express written consent, if Dezainn has previously disabled your account;
- display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service or access to the Service;
- violate any applicable laws or regulations or this Terms of Service; or
- assist or permit any persons in engaging in any of the activities described above.
If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org.
4. Fees; Payments
(a) 3D Design Package: The fee (the “Fee”) to be charged to Clients for each Design Package will be set forth on the Service.
(b) Any additional fees, such as applicable taxes, processing fees and/or shipping costs, will be disclosed on the invoice.Clients
- Payments: The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in Singapore Dollars. You represent and warrant that any information regarding your credit card or other payment instrument that you submit is true and you are authorized to use the payment instrument.
- Taxes: Clients are responsible for determining and paying the appropriate government taxes, fees and service charges resulting from a transaction occurring through the Service, except for taxes on Dezainn’s income. We are not responsible for collecting, reporting, paying or remitting to you any such taxes, fees or service charges, except as may otherwise be required by law.
- Taxes Associated with Merchandise Obtained through Dezainn: Dezainn’s personal shopping assistants assist Clients in purchasing items from their shopping list sourced by their Designer. At no time does Dezainn take title to or possession of the personal property purchased by a Client. Title to and possession of such personal property pass directly from the selling vendor to a Client. Dezainn is a non-GST registered company at the moment and does not charges sales tax.
- Payments: Details regarding payments to Designers is detailed in the Dezainn – Merchant Agreement provided by Dezainn and in periodic email correspondence to Designers. We will remit payment through third party payment processor / bank transfer.
- Taxes: Each Designer is solely responsible for determining and paying any applicable income or related taxes. Dezainn is not responsible for any taxes related to your use of the Service. Designer acknowledges and agrees that Designer may be required to provide a copy of Company Registration number with registration to Singapore Accounting and Corporate Regulatory Authority, ACRA (for design firms) or National Registration Identity Card, NRIC or Passport (for independent designer) to Dezainn.
5. Scope of License to Users
- Dezainn Content, Software and Trademarks: You acknowledge and agree that the Service may contain data, information, applications, features, materials and other content (“Dezainn Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Dezainn, you agree not to modify, alter, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or Dezainn Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dezainn from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or Dezainn Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Dezainn, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, otherwise transfer any right in the Software, nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. Any rights not expressly granted herein are reserved by Dezainn.
- License Grant to You: The Service is licensed, not sold, to you for use only under this Terms of Service. Subject to your complete and ongoing compliance with this Terms of Service, Dezainn hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act. If you breach these license restrictions, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
6. Content You Submit; License Grants from You
- Your Content: If you are a Client, you may be able to create, post or share content, such as pictures of your space, floor plans and household objects (“Client Content”). If you are a Designer, the Service may provide you with the ability to create, post or share content, such as design submissions and pictures for your profile (“Designer Content”; collectively, with Client Content, “User Content”). Dezainn claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent and trademark rights to any of your User Content that you post on or through the Service. You are responsible for protecting those rights.
- You Must Have Rights to the Content You Post: You represent and warrant that: (i) you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein; (ii) the posting and use of such User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of such User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of the User Content that you post on or through the Service. You also acknowledge and agree that such User Content is non-confidential and non-proprietary.
- You acknowledge and agree that Dezainn may preserve User Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Dezainn, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Third Party Materials; Dezainn Content.
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials,” and, together with Dezainn Content, but excluding your own User Content, “Service Content”), that may be offensive, indecent or objectionable. You acknowledge that Dezainn does not pre-screen Third Party Materials, but that Dezainn and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Dezainn and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Dezainn, in its sole discretion, to be otherwise objectionable. Nevertheless, you agree to use the Service at your sole risk and that Dezainn shall not have any liability to you for any Service Content that may be found to be offensive, indecent or that is inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise objectionable. Additionally, under no circumstances will Dezainn be liable in any way for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You rely upon any Service Content accessible through the Service, at your sole risk, and you agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries. Dezainn makes no representation that the Service, any third party services and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
8. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Dezainn is not affiliated with any carrier, service provider, third party service or other third party. Dezainn has no control over such sites and resources and Dezainn is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Dezainn will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that you assume all risk and Dezainn is not liable for any loss or claim that you may have against any such third party.
9. Social Networking Services
In addition, Dezainn is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Dezainn is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Dezainn enables these features merely as a convenience.
10. Consent to Use of Data
The Service, Service Content and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Dezainn and its licensors. Except for the limited licenses expressly granted to you under these Terms, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under these Terms, either expressly, or by implication, estoppel or otherwise.
We appreciate hearing from our users and welcome your comments regarding the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Dezainn are non-confidential and non -proprietary, and Dezainn will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Dezainn will have no liability or responsibility with respect thereto. Dezainn reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service in an effort to resolve the dispute. Dezainn makes no representations or warranties as to the conduct of its Users.
14. Relationship Between Parties
1. No Employment Relationship: Dezainn is not an employment service and does not serve as an employer of any User. While certain Dezainn employees may apply for and become Designers, any services or transactions engaged in by such Designers is solely in their independent capacity and not as an employee of Dezainn. Dezainn is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Service. You understand and agree that, if Dezainn is found to be liable for any tax or withholding tax in connection with your use of the Service, then you will immediately reimburse and pay Dezainn an equivalent amount, including any interest or penalties thereon.
2. No Agency Relationship: No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Terms of Service. Without limiting the foregoing, except as expressly set forth herein, Dezainn is not acting and does not act as an agent for any User (Designer or Client) of the Service. No User of the Service has any authority to bind or commit Dezainn to any agreements or other obligations, absent Dezainn’s prior written consent which may be granted or withheld at the sole discretion of Dezainn.
15. Disclaimer of Warranties
“Released Parties” include Dezainn and its affiliates, officers, employees, agents, partners and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE, COMPLETE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, DATA, SERVICE OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) WE MAKE NO WARRANTY AS TO ANY INFORMATION OR MATERIALS PROVIDED BY CLIENT OR DESIGNER; AND (D) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING THEREFROM OR RELATING THERETO, INCLUDING, WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. NONE OF THE RELEASED PARTIES ARE RESPONIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
THE QUALITY OF THE DESIGN SERVICES AND/OR THE MERCHANDISE PURCHASED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE DESIGNER WHO PROVIDES SUCH PROFESSIONAL SERVICES TO CLIENT AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. CLIENT UNDERSTANDS AND AGREES THAT BY USING THE SERVICE, CLIENT MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT CLIENT’S USE OF THE SERVICE, AND ANY SUCH DESIGNER, DESIGN SERVICES OR MERCHANDISE, IS AT CLIENT’S OWN RISK.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU OR ANY PARTY WITH RESPECT TO ANY SUBJECT MATTER RELATING TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEZAINN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGE OR LOSS RESULTING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT (INCLUDING ANY NEGLIGENCE OR MISCONDUCT) OF ANY USER OR THIRD PARTY IN CONNECTION WITH THE SERVICE OR ANY DESIGN SERVICES; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY DESIGN SERVICES, YOUR USE OF DEZAINN CONTENT OR ANY OTHER SUBJECT MATTER RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A) IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO DEZAINN, (B) IF YOU ARE A DESIGNER, THE FEES YOU HAVE PAID TO DEZAINN, OR (C) $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE
WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE
BY USING THE SERVICE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
17. Indemnity and Release
- Client hereby agrees to release, defend, indemnify and hold harmless the Released Parties from and against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, demands, claims, actions of any kind and any User Content, (c) Client’s connection to the Service, (d) Client’s breach of this Terms of Service, (e) any Client activities or transactions in connection with any Designer or design services, or (f) Client’s violation of any rights of another.
- Designer hereby agrees to release, defend, indemnify and hold harmless the Released Parties from and against any and all Claims arising out of or relating in any way to (a) Designer’s use of the Service, (b) any User Content, (c) Designer’s connection to the Service, (d) Designer’s breach of this Terms of Service, (e) any Designer activities or transactions in connection with any Client or any design services, (f) any damage to property or any personal injury to any extent caused directly or indirectly by Designer, or (f) Designer’s violation of any rights of another.
- Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Released Party from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Released Party.
- THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SERVICE. BECAUSE DEZAINN IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
18. Copyright Policy
Dezainn respects the intellectual property of others, and we ask our users to do the same. The Copyright Act (Chapter 63) of Singapore (“Copyright Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Singapore copyright law.
If you are of the view that copyright in your material has been infringed in accordance with the Copyright Act, you may send a take-down notice in the form, and in accordance with the relevant requirements, prescribed in the Copyright Legislation (“Take-Down Notice”), to email@example.com. Once Dezainn receives such Take-Down Notice, Dezainn will take reasonable steps where required by the Copyright Act to remove or disable access to the allegedly infringing material in accordance with the Copyright Legislation.
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Copyright Act permits you to send Dezainn a counter-notice (“Counter -Notice”). You must send the Counter -Notice in the form, and in accordance with the relevant requirements, prescribed in the Copyright Act.
Such Counter-Notice must be sent within the time period stipulated in the Copyright Legislation. Upon receipt of such Counter-Notice, Dezainn will, in accordance with the Copyright Act, take reasonable steps where required by the Copyright Act, to restore the material or access to that material (as the case may be), if it is technically and practically feasible to do so, except where court proceedings are commenced by the copyright owner to prevent that material, or access thereto, from being restored, and Dezainn is informed in writing of such proceedings.
Repeat Infringer Policy: In accordance with the Copyright Act and other applicable law, Dezainn has adopted a policy of terminating, in appropriate circumstances and at Dezainn’s sole discretion, users who are deemed to be repeat infringers. Dezainn may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notices and counter-notices must meet the then-current statutory requirements imposed by the Copyright Act; see http://statutes.agc.gov.sg for details. Notices and counter-notices with respect to the Service must be submitted in writing to the following Designated Agent to Receive Notification of Claimed Infringement:
Dezainn Pte Ltd,
Attn: Dezainn Designated Agent
19. Governing Law and Jurisdiction
This Term of Use shall be governed by, interpreted and construed in accordance with the substantive law of Singapore. The Parties irrevocably agree that the courts of Singapore are to have jurisdiction to settle any disputes which may arise out of or in connection with this term of use and that, accordingly, any legal action or proceedings arising out of or in connection with this term of use may be brought in those courts and the Parties irrevocably submit to the jurisdiction of those courts.
You agree that Dezainn, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Dezainn believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Dezainn may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Dezainn may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Dezainn will not be liable to you or any third party for any termination of your access to the Service. You are responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by or arising out of your breach of this Terms of Service and your use of the Service.
The failure of Dezainn to exercise or enforce any right or provision of this Terms of Service will not affect our right to require performance at any time thereafter and will not constitute a waiver of such right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Service remain in full force and effect. Any provision which must survive in order to allow us to enforce its meaning, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination of this Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Dezainn, but Dezainn may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Service may also provide notices to you of changes to this Terms of Service or other matters by displaying notices or links to notices generally on the Service.
If you have any questions about this Terms of Service or any other matters, you can contact Dezainn Pte Ltd. by e-mail at firstname.lastname@example.org, or by Singapore Post at Dezainn Pte Ltd., 120 Robinson Road, #09-01 S068913.
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