TERMS AND CONDITIONS OF PURCHASE
Please read these terms and conditions in these Terms and Conditions carefully before purchase.
1. General
1.1. In these Terms and Conditions (“Terms”), unless the context requires otherwise, “we”, “us” and “our” refer to Mandai Global Pte. Ltd. and its Affiliates, and “you” or “your” refers to any individual who is purchasing a product via the Magic Valley webstore (“Products”) or accessing or using the Magic Valley webstore (accessed via https://store.magicvalley.app) (hereinafter referred to as “Platform”).
1.2. By visiting the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access, use or purchase any products through this Platform.
1.3. In addition to these Terms, the use of specific aspects of the Platform, may be subject to additional terms and conditions, as notified to you from time to time and which you will need to accept before using such aspects, and will apply in full force and effect upon your access to and/or use of such aspects
2. Definitions and Interpretation
2.1. Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms.
3. Platform
3.1. The Platform is proprietary to our licensor and/or our service providers. You acknowledge and agree that:
3.1.1. we are not responsible for the support or maintenance of the Platform. Your use of the Platform may result in unexpected results, corruption or loss of data or any other forms of unpredictable damage or loss. You are responsible for taking all necessary steps to safeguard important data stored in your device;
3.1.2. we shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Platform, including any updates, patches, bug-fixes and/or upgrades to the Platform or any new versions and/or releases of the Platform which incorporate new features or functions; and
3.1.3. any risk of misunderstanding, error, Loss, injury, death, damage or expense resulting from the use of the Platform and/or the Materials is entirely at your own risk and we shall not be liable therefor.
4. Products
4.1. Personalised stories are also available for purchase in the form of a printed book (“Printed Book(s)”).
4.2. The Printed Books are licensed, not sold, to you by us. Upon your payment of the applicable fees (which would include the applicable taxes), we grant you a non-exclusive to access the Printed Books for your personal use. You acknowledge that you do not acquire any ownership rights in or to the Printed Books or any content therein. Unless specifically indicated otherwise, you may not sell, rent, lease, share, distribute, broadcast, sublicence, modify, reproduce or deal with the Printed Books or any portion of it without obtaining our prior written consent.
4.3. You represent and warrant that you are purchasing the Printed Books for your personal use, and you agree that you will not, whether directly or indirectly, resell the Printed Books purchased for commercial purposes.
5. Pricing Policy
5.1. All prices displayed on the Platform are in Singapore Dollars and are inclusive of Goods & Services Tax, unless expressly stated otherwise. You may incur relevant import duty and taxes and international transaction fees and you shall be solely responsible for the payment of such fees.
5.2. If you are a customer whose credit or debit card is not denominated in Singapore dollars, the final price will be calculated in accordance with the applicable exchange rate on the day that your card issuer processes the transaction.
5.3. From time to time, prices are subject to change in response to currency exchange rate changes and other commercial factors. We reserve the right to change the prices without prior notice to you. The price applicable to your order will be the price current at the time your order is accepted.
5.4. Error in Pricing:
5.4.1. We shall be under no obligation to accept or fulfil an order for any Printed Books that was advertised at an incorrect price and reserve the right to cancel such an order. If we discover an error in the pricing of any Printed Books, we will notify you of the error and non-acceptance of the order. If the Printed Book has not been delivered, we will not be delivering the Printed Book to you and will provide you with a refund of the full amount. If the Printed Book is recalled in transit, we will process your refund once we have received the Printed Book.
6. Orders
6.1. You acknowledge and agree that you are solely responsible for ensuring the accuracy of your order for the Printed Books placed by you through the Platform as all Printed Books sold are not refundable or exchangeable, save for the circumstances described under Clause 8.2 below.
6.2. We reserve the right to not accept your order in the event, for example, that we are not able to obtain authorisation for payment or if any of the Printed Books have been withdrawn. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawal of any Printed Books for sale from the Platform, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
6.3. All orders for the Printed Books are subject to acceptance and availability. An order for the Printed Book placed in your shopping cart are not reserved and may be purchased by other customers.
6.4. Given the personalised nature of the Printed Books, all Printed Books are created and printed upon order. Once the order has been placed, the order cannot be modified, returned, exchanged or cancelled.
6.5. Once an order for a Printed Book has been placed, you will receive an email confirming your purchase (“Email Confirmation”).
7. Payment
7.1. Payment for the Printed Book shall be made in accordance with the payment methods specified on the Platform.
7.2. We have use third party services to verify, secure and/or process your payments. The third-party services may charge a fee for processing payments related to your transactions on the Platform.
7.3. Without prejudice to the other provisions of the Terms, we shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. We shall not be responsible if any information provided is inaccurate or if payment instructions are not given sufficiently in advance to allow for timely payment or if payment instructions cannot be carried out for any reason beyond our control.
8. Delivery of Products
8.1. Please note that we do not deliver to any address outside of Singapore, and we reserve the right to reject your order on this basis.
8.2. You acknowledge that the printing and delivery of the Printed Book will be undertaken by our vendors. While we will provide you with an estimated date of delivery, please note that this is an estimate, and the delivery of the Printed Book may be delayed due to any unforeseen circumstances. We will notify you as soon as we become aware of any delays that may cause substantial delays in delivery and provide you with the new delivery date.
9. Replacement / Refund
9.1. If the Printed Book that you have purchased is damaged and/or defective, you are entitled request for us to provide you with a replacement Printed Book or a refund, within seven (7) days following the date of delivery of the Printed Book. Such request must be accompanied by photographic proof of damage and/or defects and must be sent to contact@magicvalley.app.
9.2. We will provide you with a replacement Printed Book or refund after receiving your request and photographic proof of damage and/or defects. Subject to applicable law, you are not able to exercise your right to request for a replacement Printed Book or refund after the expiry of such 7-day period.
9.3. Refunds will only be given to the original payor, through the same method of payment.
10. Intellectual Property Rights
10.1. Ownership of Platform and Materials: The Intellectual Property Rights in and to the Platform and the Materials are owned, licensed to or controlled by us, our Affiliates, our licensors or our service providers. We reserve the right to enforce its Intellectual Property Rights to the fullest extent of the law.
10.2. Trade marks: The Trade marks are registered and unregistered trade marks of us or Third Parties. Nothing on the Platform and in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trade marks displayed on the Platform, without the written permission of the applicable Trade mark owner.
11. Indemnity and Our Limitation of Responsibility and Liability
11.1. No Representations or Warranties: The Platform and/or Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of Third Party rights, title, merchantability, satisfactory quality or fitness for a particular purpose or use, quiet enjoyment, and any warranties arising out of course of dealing or usage or trade are given in conjunction with the Platform or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
11.1.1. the quality, accuracy, timeliness, truthfulness, adequacy, commercial value, reliability or completeness of all data and/or information contained in the Platform or the Materials;
11.1.2. that the Platform or any of the Materials will be provided uninterrupted, in a timely manner, secure or free from errors or omissions, or that any identified defect will be corrected;
11.1.3. that the Platform will be compatible with any hardware or software, or the files on your browser and/or operating system;
11.1.4. that the Platform and Materials are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and
11.1.5. the security of any information transmitted by you or to you through the Platform, and you accept the risk that any information transmitted or received through the Platform may be accessed by unauthorised Third Parties and/or disclosed by us or our officers, employees, contractors, sub-contractors, consultants or agents to Third Parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
11.2. Exclusion of Liability: We, together with our Affiliates, shall not be liable to you for any injury, death, Losses, damages or expenses (including but not limited to any direct, indirect, incidental, special, exemplary, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use, loss of data or goodwill, service interruption, Device damage or system failure or the cost of substitute services) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
11.2.1. these Terms:
11.2.2. any access, use and/or inability to use (including prohibitions, restrictions, interruptions and delays in the use of) the Platform;
11.2.3. any inaccuracies, error or omission, regardless of cause, in the Materials;
11.2.4. any system, server or connection failure, error, omission, interruption, delay in transmission, virus or other malicious, destructive or corrupting code, agent program or macros;
11.2.5. any communications or interactions with other users of the Platform (through Postings or otherwise) and/or persons with whom you communicate or interact as a result of your use of the Platform,
11.2.6. any use of or access to any other website or webpage linked to the Platform, even if the we may have been advised of, or otherwise might have anticipated, the possibility of the same;
11.2.7. any services, products, information, data, software or other material obtained or downloaded through the Platform and/or Materials or from any other website or webpage provided through the Platform and/or Materials or from any other party referred through the Platform and/or Materials, or through the use of the Platform and/or Materials;
11.2.8. your use or misuse of the Platform and/or Materials;
11.2.9. any reliance on the Platform and/or Materials; or
11.2.10. any other reason associated with the Platform and/or Materials.
11.3. Indemnity: You agree to indemnify, defend and hold us and our Affiliates and each of our directors, officers, shareholders, affiliates, employees, contractors, agents, consultants, sub-contractors (collectively known as the “Indemnified Parties”) in respect of any and all claims, demands, actions, proceedings, liabilities (whether civil or criminal), damages, losses, costs and expenses (including legal costs on an indemnity basis) which may be suffered or incurred by the Indemnified Parties or asserted against the Indemnified Parties by any person in respect of:
11.3.1. any unauthorised access and/or use of the Platform and/or the Materials;
11.3.2. any breach of these Terms by you; and/or
11.3.3. the occurrence of any event due to your act, omission or default which comprises the security or integrity of the Platform and/or the Materials.
11.4. To the extent permitted under applicable laws, our entire liability to you for any claims arising out of or in connection with these Terms or from the use or inability to use the Platform and/or the Materials, regardless of the form, shall, in the aggregate, be limited to the total sum of your purchase of the Printed Books.
12. Hyperlinks, Alerts and Advertising
12.1. Hyperlinks: For your convenience, we may include hyperlinks to other websites, mobile applications, content or other resources on the Internet that are owned or operated by Third Parties. Such linked websites, mobile applications or content are provided for convenience only and are not under our control and we are not responsible for the content, products or services on or available from those websites, mobile applications, content or other resources or liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website or mobile application. Any hyperlinks to any other websites, mobile applications, content or other resources are not an endorsement or verification of such websites, mobile applications, content or other resources and you agree that your access to or use of such linked websites, mobile applications, content or other resources is entirely at your own risk.
12.2. Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our (or our Affiliates’ and/or Third Parties’) products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
13. Consent to Disclosure & Provision of Information
13.1. Personal Data Protection Policy/Privacy policy: Our personal data protection policy and privacy policy explains how we treat your Personal Data when you access the Platform. Any Personal Data which you provide to us is subject to our personal data protection policy and privacy policy (available at https://store.magicvalley.app), as may be updated and/or amended by us from time to time), which is incorporated by reference into these Terms. By accessing the Platform, you agree that we can collect, use and disclose any Personal Data you provide to us in accordance with our personal data protection policy and privacy policy.
13.2. Collection and Use of Data: In addition to the information that you submit via the Platform, you consent to our systems being programmed to gather certain anonymous data to help us understand how the Platform are being used and how we can improve it. The collected data may from time to time be used to facilitate the provision and improvement of the Platform, software updates, product support and other services associated with the Platform (if any). You agree that we may use such data to improve our Platform. This automatically gathered data includes but is not limited to your Device’s technical data and all its associated information, including without limitation, technical information about your Device, system, software, Device functionality, Device specifications, your Device’s IP or “Internet Protocol” address, statistics about how you navigate through the Platform, and information provided through the use of “cookies”.
13.3. Consent to Receive Messages: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of the sending of commercial messages to you. Your agreement to the provisions of this Clause 13.3 shall constitute your consent for the purpose of the provisions of any personal data and spam control laws (whether in Singapore or elsewhere).
13.4. Cookies: During your use of the Platform, we may issue to and request from your Device "cookies" to enable more convenient browsing when you revisit the Platform. You must not alter any cookies sent to your Device from the Platform and must ensure that your Device sends correct and accurate cookies in response to any relevant request from the Platform.
14. Governing Law and Dispute Resolution: Use of the Platform, and these Terms shall be governed by and construed in accordance with Singapore law, and you hereby submit to the exclusive jurisdiction of Singapore courts.
15. Amendments: We may, without prior notice to you, vary the terms and conditions of these Terms by posting such updated Terms on the Platform, such variation to take effect on the date we specify. If you use the Platform after such date, you are deemed to have accepted such variation. It is your responsibility to check for such updated Terms. If you do not accept the variation, you must stop accessing or using the Platform immediately and terminate these Terms by giving us notice in writing. Our right to vary these Terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms.
16. Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms to any Affiliate or Third Party.
17. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
18. Severability: The invalidity or unenforceability of any of the provisions in these Terms shall not adversely affect or impair the validity or enforceability of the remaining provisions of these Terms.
19. Waiver: In the event of a non-compliance with or breach of these Terms by you, our delay or failure to enforce these Terms shall not constitute a waiver of these Terms, and such delay or failure shall not affect or prejudice our rights later to enforce these Terms. We would still be entitled to exercise our rights and remedies in any other situation where you breach or fail to comply with these Terms.
20. Rights of Third Parties: A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore or other similar laws to enforce any of these terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 11.8 shall affect the rights of any permitted assignee or transferee of these Terms.
Schedule 1
Definitions and Interpretation
Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms:
A. “Affiliates” in relation to a corporation, means the holding company of that corporation, a subsidiary of that corporation, a subsidiary of the holding company of that corporation, or an associated company of that corporation.
B. “Device” means a computer, laptop, mobile phone, smartphone, tablet, phablet, kiosk or other device from which the Platform can be accessed and used.
C. “Intellectual Property Rights” means all copyright, patents, utility innovations, trade marks 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.
D. “Loss(es)” means all losses, liabilities, settlement sums, costs (including, without limitation, legal costs and costs of other professionals), penalties, fines, charges, expenses, actions, proceedings, claims and demands, whether foreseeable or not.
E. “Materials” means, collectively, all content, data, information, functionalities, services or materials displayed, provided or made available on the Platform, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material contained in the Platform.
F. “Personal Data” means any data about you from which you can be identified, either (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time.
G. “Third Party” means a legal entity, company or person(s) that is not a party to these Terms.
H. "Trade marks” means the trade marks, service marks, trade names and logos used and displayed on the Platform.
I. “User” means any party with access to the Platform.
Interpretation. In these Terms: (i) whenever the words “include”, “includes” or “including” are used in these Terms, they will be deemed to be followed by the words “without limitation”; (ii) references to Clauses, Paragraphs and Schedules (unless otherwise stated) will be to such clauses, paragraphs and schedules of these Terms; (iii) words importing the singular only shall also include the plural and vice versa where the context requires and references to persons include bodies incorporate or unincorporated, including partnerships and their successors and assigns; (iv) unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months; (v) clause, paragraph and/or schedule headings are inserted for convenience only and shall not affect the interpretation of these Terms; and (vi) references to a statute, law, by-law, regulation, rule, directive, delegated legislation or order also refers to the same as amended, modified or replaced from time and to any by-law, regulation, rule, directive, delegated legislation or order made thereunder.