TERMS OF SERVICE
Welcome to nuphoto.com.sg (the “Site”).
The Site is operated by NU PHOTO PRIVATE LIMITED, Business Registration No., e.g. 201330580D and 100 ORCHARD ROAD #01-02 CONCORDE HOTEL AND SHOPPING MALL Singapore 238840 (“we”, “us” or “our”).
All references to the Site mean both the web and mobile application versions of the website presently located at the following URL: www.nuphoto.com.sg.
All references to “using the Site” includes access to and/or use of the Site and our services and functions offered via this Site, including placing orders for purchase of our products.
The terms “you”, “customer(s)” and “your” used below refer to all individuals and/or entities using the Site for any reason.
Set out below are our terms and conditions for your:
i) use of the Site; and
ii) purchase of our products via the Site (collectively, the “Terms of Service”).
Please read the Terms of Service carefully before using the Site. BY USING THE SITE, YOU SIGNIFY THAT YOU AGREE TO THE TERMS OF SERVICE. If you do not agree to the Terms of Service, please do not use the Site.
We reserve the right to update or modify the Terms of Service at any time without prior notice. You are deemed to be aware of and bound by any changes to the Terms of Service upon their publication on the Site. Your access or use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms of Service as amended.
- Legal Capacity
Use of the Site is limited to persons who are 18 years or older and who have the legal capacity to enter into and form contracts.
By placing an order for our products via the Site, you represent and warrant that you are 18 years or older and you are legally capable of entering into binding contracts.
If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of the Terms of Service and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of the Site, including your purchase of our products; and (iii) your acceptance and compliance with the Terms of Service. If you do not have consent from your parent(s) or legal guardian(s), you must stop using the Site immediately.
- Compliance with our Operating Rules, Notices, & Guidelines
You agree to comply with any and all of our guidelines, operating rules and policies, notices and instructions pertaining to your using the Site, as well as any amendments to the same that may be issued by us from time to time. We reserve the right to revise any of the foregoing at any time and you are deemed to be aware of and bound by such changes upon their publication on the Site.
- Lawful Use In Good Faith
You agree to access and/or use the Site only for lawful purposes and in a lawful manner at all times and to conduct any activity relating to using the Site in good faith. Further, you shall ensure that, to the best of your knowledge, any information or data you submit to us or which you post or cause to appear on the Site is true and accurate.
- Customer Accounts
- Responsibility For Your Account Registration Information and Password
You acknowledge that you are responsible for maintaining the confidentiality of your account registration information and password and for maintaining the security of your account. You agree that you will not let anyone other than you use your account registration information or password. You agree to immediately notify us of any unauthorized use of your account registration information or password by contacting us at [insert contact information]. We may at any time in our discretion, request that you update your account registration information and password or forthwith invalidate your account registration information and password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.
- Your submissions and information
You agree to grant us a non-exclusive licence to use any and all information that you post on the Site and/or provide to us via other channels of communication, including but not limited to feedback, answers to questions, product reviews, comments, and suggestions (collectively, “Submissions”) . When you post Submissions on the Site, you also grant us the right to use the name that you submit or your account username in connection with such Submission. You agree not to submit to us a false name or e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may at any time in our discretion, publish, remove or edit your Submissions.
- Terms and conditions of sale
The sale and purchase of our products are subject to the terms and conditions as set out below.
7.1 Product Descriptions and Listed Prices
While we endeavour to provide an accurate description of our products, we do not warrant that such description is accurate, current or free from error. All listed prices are subject to taxes, unless otherwise stated. We reserve the right to amend the listed prices at any time without giving any reason or prior notice.
In the event that the product you receive is of a fundamentally different nature from the product as
described on the Site and which you have ordered, Clause [7.17 – Return of Product for Exchange] below shall apply.
7.2 Placing your Order
You may place an order for our products by completing the order form on the Site and clicking on the “Place my Order” button. Alternatively, you may call us at +65 6735 7371 We will not accept product orders placed in any other manner. You shall be responsible for ensuring the accuracy of your product order.
7.3 Orders are irrevocable and unconditional Offers to Purchase
All orders shall be deemed to be irrevocable and unconditional offers to purchase the relevant product upon the order’s transmission to us through the Site. Nevertheless, in certain circumstances as stated in Clause [7.20 – Order Cancellation], you may request to cancel or amend your product order which we will, in our sole and absolute discretion, endeavour to give effect to on a commercially reasonable effort basis.
7.4 Orders subject to our Acceptance
All orders shall be subject to our acceptance in our sole discretion. We shall indicate our acceptance of your order by sending you a confirmatory email to your email address or a confirmatory message to your customer account inbox. Each order accepted by us in this manner shall constitute a separate sale and purchase agreement between you and us. Once we have accepted your order, we shall be entitled (but not obliged) to process your order without your further consent and without any further reference or notice to you.
For the avoidance of doubt, we reserve the right to decline to accept any order received from or through the Site in our sole and absolute discretion.
7.5 Termination by Seller in the event of pricing error
In the event that the price of a product which you have ordered was misstated on the Site and you have yet to take delivery of your order, we reserve the right to unilaterally terminate the sale and purchase agreement by notifying you of such termination, regardless of whether or not the product in question has been dispatched or is in transit or payment has been charged to you. Any money received from you in relation to this product purchase shall then be refunded to you.
7.6 Product Warranty
With respect to any product that may be purchased through the Site, the warranties and conditions and remedies for breach of warranty or condition (“Product Warranty”) shall be as stated on the Site [under “Product Specifications”] and shall be limited by the terms and conditions therein. Except as expressly provided in such Product Warranty, we exclude (unless expressly prohibited by applicable laws) all other express or implied terms, warranties or conditions with respect to the products supplied.
We are obligated only to deliver products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of our opinion in that regard. We do not give any warranty as to the quality, state, condition or fitness of the products.
We shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by you or other third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, your or other third parties’ failure to follow product installation or other instructions (whether oral or in writing) or misuse, alteration or repair of the products without our approval.
We shall be under no liability pursuant to the Product Warranty (or any other warranty, condition or guarantee) if the total price for the products has not been paid in cleared funds by the due date for payment.
We shall be under no liability whatsoever in respect of any defect in the products arising after the expiry of the Product Warranty period, if any.
7.7 Delivery & packing charges
Delivery of the product(s) shall be made to the address you specify in your order. Delivery and packing charges shall be as set out in the order.
You may track the status of the delivery at the “Order Tracking” page of the Site.
7.9 Delivery timeframe
Delivery of your order shall be subject to availability of the relevant products. All delivery timeframes provided via the Site are estimates only and delays may occur. We will make every reasonable effort to deliver your order to you within the delivery timeframe informed to you via the Site. However, while stock information on the Site is updated regularly, from time to time it may occur that in some instances a product becomes unavailable between updates. If the delivery of your product shall be delayed, we will inform you accordingly and your order shall be dispatched as soon as we are able to do so. The time for delivery shall not be of the essence, and neither we (nor any of our agents) shall be liable for any delay in delivery howsoever caused
7.10 Deemed receipt
In the event you do not receive your order by the estimated delivery date informed to you and provided that you inform us within 3 days of such estimated delivery date, we will use reasonable endeavours to try to locate and deliver your order to you. If we do not hear from you within 3 days from the estimated delivery date, you shall be deemed to have received your order.
7.11 Customer’s failure to take delivery
If you fail to take delivery of your order (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault), without prejudice to any other right or remedy available to us, we may unilaterally terminate the sale and purchase agreement.
You may pay for your order using any of the payment methods prescribed on the Site from time to time. When you place an order, actual payment will be only charged upon our acceptance of your order and formation of the sale and purchase agreement. The payment methods may be subject to additional terms as prescribed by us from time to time.
You are subject to the applicable user agreement of your payment method. You may not claim against us or any of our agents for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
7.13 Use of Voucher
If you use a Voucher, the Voucher Terms & Conditions as set out at www.nuphoto.com.sg/voucher would apply.
7.14 Failure to pay
If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel the sale and purchase agreement or suspend delivery of your order until payment has been made in full.
7.15 Refund of Payment
All refunds shall be made either via the original payment mechanism and to the person who made the original payment or via bank transfer into your bank account, provided that your complete and accurate bank account details are provided to us.
We offer no guarantee of the timeliness of your refund. The processing of payment may take time and it is subject to the respective banks’ and/or payment providers’ internal processing timeline.
All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us unless we inform you otherwise.
All refunds are conditional upon our acceptance of a valid return of your order.
We reserve the right to modify the mechanism of processing refunds at any time without notice.
7.16 Procedure for Returns
All returns must be done in accordance with the instructions set out in our Return Policy at http://nuphoto.com.sg/privacy-policy. We are not obliged to agree to any return unless all such instructions are followed to our satisfaction. The decision to exchange lies solely with Nu Photo Pte Ltd staff
In the case of a product exchange which we agree to, we shall deliver the replacement product to your specified address.
7.17 Return of product for exchange
Subject to Clause [7.1 – Product Description and Listed Prices], within 3 days from the date of delivery of your order, you may return our products for exchange if you have received:
a) a product that is fundamentally different in nature from the product described in the Site and which you ordered; or
b) a faulty or damaged product.
We shall endeavour to despatch your replacement product within 90 days of receiving the non-conforming product sent back to us by you at your own cost.
7.18 Repair of product
As an alternative to exchange of a faulty or damaged product under Clause [7.17 – Return of product for exchange], within 3 days from the date of delivery of your order, you may request for a repair of the product in question. Such request shall be irrevocable upon notification to us and you may not later opt for a product exchange under Clause [7.17 – Return of product for exchange]. We shall endeavour to repair the product within a reasonable time. Upon the completion of such repair, you shall have no further claim against us.
7.19 Transfer of Risk of Damage or Loss and Transfer of Property
Risk of damage or loss of the product(s) shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the product(s), the time when we have tendered delivery of the product(s).
Notwithstanding delivery and the passing of risk of damage or loss of the product(s) or any other provision herein, the property in the product(s) shall not pass to you until we have received in cash or cleared funds payment in full of the price of the product(s) and all other product(s) agreed to be sold by us to you for which payment is then due.
Until such time as the property in the product(s) passes to you, we shall be entitled at any time to demand you to deliver up the product(s) to us and in the event of non-compliance we reserve our right to take legal action against you for the delivery up of the product(s). You shall indemnify us against all loss, damages, costs, expenses and legal fees incurred by us in connection with the assertion and enforcement of our rights hereunder.
7.20 Order Cancellation
At any time before we despatch your order to you, you may request to cancel the sale and purchase agreement by written notice to us at email@example.com. If we have already dispatched your order, no order cancellation is possible.
Without prejudice to any other right of termination herein, in the event that the product(s) in your order are unavailable for any reason, we may at any time stop the delivery of your order in transit, suspend further deliveries to you and/or unilaterally terminate the sale and purchase agreement with immediate effect by written notice to you.
7.21 LIMITATION OF LIABILITY
The remedies set out in clauses [7.17 – Return of product for exchange and 7.18 – Repair of product] are your sole and exclusive remedies for non-conformity of or defects in the products which you purchased through the Site. Notwithstanding any other provision herein, our maximum cumulative liability to you for all losses under, arising out of or relating to the sale of products via the Site, will not exceed the sums that you have paid to us via the Site.
Neither we nor any of our officers, employees, directors, agents, contractors and assigns, shall be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the Site in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the product(s) or your failure to comply with our instructions on the use of the product(s) (whether oral or written).
7.22 Force Majeur
We shall not be liable to you for any breach, hindrance or delay in the performance of your order attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.
- Availability and Changes to the Site
We reserve the right to make any changes to the Site or to discontinue any aspect or feature of the Site without notice. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the Site or any part thereof, for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you if any such upgrade, modification, suspension or removal prevents you from using the Site or any part thereof.
- No Representations or Warranties
The Site and all services, functions and information available via the Site are provided on an “as is” and “as available” basis without representations or warranties of any kind, express or implied, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information made available via the Site are provided for informational purposes only. We shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access, use and/or inability to use the Site.
We may in our discretion include hyperlinks to other third party websites or content on the Internet. Such linked third party websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in such websites or contents, or arising from access of such websites or content. Any hyperlinks to other third party websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such third party websites or content is entirely at your own risk.
- Intellectual Property
“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
The Intellectual Property in and to the Site and the materials thereon are owned, licensed to or controlled by us, our licensors, service providers, suppliers or merchants. We reserve the right to enforce its Intellectual Property to the fullest extent of the law. No part of the Site and the materials thereon may be reproduced, modified, transmitted, presented, distributed or republished without our express prior written consent or that of the relevant copyright owners.
- Monitoring of Content
We reserve the right, but shall not be obliged to monitor, screen or otherwise control any activity, content or material on the Site and/or your use of the Site. Should we deem necessary to do so, we may in our discretion investigate any suspected violation of the Terms of Service and may take any rectification action we deem appropriate.
- Breach of the Terms of Service
In the event that we in our discretion, consider that your access and/or use of the Site is in breach of the Terms of Service in any way, we reserve the right to take any action we deem necessary, including terminating without notice your use of the Site and, in the case of illegal and/or unauthorized use of the Site (including unauthorized access to secure password-protected portions thereof and/or customer accounts), commencing legal proceedings against you. Unauthorised use of the Site may also constitute an offence under Singapore legislation. Where this is the case, we will report you to the relevant authorities.
- Termination by us
In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Site and/or disable your customer account. We may bar access to the Site or any part thereof for any reason whatsoever, including a breach of any of these Terms of Service or where we are of the view that you have acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to allow your use of the Site to continue.
- Cumulative rights and remedies
Unless otherwise provided, the provisions of these Terms of Service and our rights and remedies under these Terms of Service are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Service, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Service or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
- No waiver
Our failure to enforce any Term(s) of Service shall not constitute a waiver of such term(s), and such failure shall not affect the right later to enforce the Terms of Service.
If at any time any provision of the Terms of Service shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of the Terms of Service shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from the Terms of Service.
- Governing law
Use of the Site and the Terms of Service shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
- Customer Service Queries
Should you require assistance from our customer service representatives, please contact e.g. +65 6735 7371, firstname.lastname@example.org.