Article 1. Terms of service
- Please read the Terms and conditions (the “Terms of service”) set forth below as they apply to your access and use of our services, including our various websites, platform, APIs, email notifications, applications, buttons, and widgets and/or purchasing a Product (each a “Service” and collectively “Services”), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services signifies your acceptance of these Terms of service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
- By accessing and/or using the Services, you represent that you are 18 years old or above and are legally capable of entering into binding contracts.
- If you do not accept these Terms of service, please discontinue use of the Services immediately.
Article 2. Interpretation
- The following definitions and rules of interpretation apply in these Terms of service:
- "Account" refers to a Buyer account and/or Seller account individually or collectively.
- "Buyer" refers to any person that has registered a Buyer account in accordance with these Terms of service.
- "Platform" means both (i) the web and mobile versions of the website operated and/or owned by ArtHit which is presently located at the URL arthit.com (the "Website") and (ii) any mobile applications (the "Mobile App") made available from time to time by ArtHit, including iOS and Android versions.
- "Product" means any original works of art and commercially exploited digital images of works of art listed by Sellers on our Platform.
- "Seller" refers to any merchant that has registered to sell a Product on our Platform.
- Clause headings shall not affect the interpretation of these Terms of service.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
Article 4. Information about us
The Services are provided and operated by ArtHit Pte. Ltd. (we or “ArtHit”). We are a limited liability company registered in Singapore with Unique Entity Number (UEN) 201607808D and have our registered office at 31 Pasir Ris Drive 3, #02-02.
Article 5. Changes of terms
We may amend the Terms of service from time to time at our sole discretion without notice or liability to you. It is your responsibility to check this page periodically for changes. By continuing to use the Services following such amendments to the Terms of service, you agree to be bound by such amendments.
Article 6. Changes to our Services
- The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
- We make no representations, warranties, or guarantees, whether express or implied, that our Services or any Content on our site is accurate, complete, or up to date.
Article 7. Accessing our Services
- We do not guarantee that our Services or any content will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Services.
- You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.
Article 8. Your licence to use the Services
ArtHit gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive licence to use the software that is provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ArtHit in the manner permitted by these Terms of Service.
Article 9. Buyer account
- To use certain Services and to purchase a Product on our Platform, you will be required to create an account with ArtHit (the “Buyer account”). You are responsible for safeguarding the password for your Buyer account and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Buyer account. You must treat such information as confidential. You must not disclose it to any third party. ArtHit cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- You may register for a Buyer account with us by entering a username, and password and providing the registration information requested on the applicable page of our Site including but not limited to your personal details and a copy of a government-issued identification document if this is required.
- We have the right to disable any password, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of service.
- If you know or suspect that anyone other than you knows your password, you must promptly notify us at [email protected]
- It is your responsibility to provide accurate, complete, and up to date information for your Buyer account. Arthit reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
- You shall not misuse the Services by creating multiple Buyer accounts.
- Where wrongful or fraudulent use of a Buyer account is suspected or discovered by ArtHit, we reserve the right at our sole discretion, and without liability, and without prejudice to our other rights and remedies under these Terms of service or at law, to immediately:
- refuse or cancel an order made through the Buyer account;
- prohibit the Buyer account owner or other person from accessing and/or using the Services or participating in any promotion by ArtHit; and/or
- merge, suspend, and/or terminate Buyer account(s).
Article 10. Seller account
- To use certain Services and to sell a Product on our Platform, you will be required to create an account with ArtHit (the “Seller account”). You are responsible for safeguarding the password for your Seller account and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Seller account. You must treat such information as confidential. You must not disclose it to any third party. ArtHit cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- To be eligible for a Seller account on our Platform you must create a user account via the website. By creating an account you also agree with the Terms and conditions.
- You may register for a Seller Account with us by entering an email and password. When you register as a user, you agree with the Terms and conditions.
- We have the right to disable any password, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of service.
- If you know or suspect that anyone other than you knows your password, you must promptly notify us at [email protected].
- It is your responsibility to provide accurate, complete, and up to date information for your Seller account.
- You shall not misuse the Services by creating multiple Seller accounts.
- Where wrongful or fraudulent use of a Seller account is suspected or discovered by ArtHit, we reserve the right at our sole discretion, and without liability, and without prejudice to our other rights and remedies under these Terms of Service or at law, to immediately:
- refuse or cancel any sale made through the Seller account;
- prohibit the Seller account owner or other person from accessing and/or using the Services; and/or
- merge, suspend, and/or terminate Seller account(s).
Article 11. Listings
- If you register a Seller Account, you will be entitled to list Products for sale on our Platform subject to these Terms of service (a “Listing”) by taking the steps outlined on our Platform.
- Listings that are created will be reviewed by us within two (2) days from submission and will only be published on our Platform once approved by us.
- We reserve the right, and without prejudice to our other rights in these Terms of service, to refuse, remove, and/or delete any Listing at our sole discretion including, but not limited to, if the Seller or Listing is in breach of these Terms of service or any additional terms we may specify on our Services from time to time.
- Listings created on our Platform must:
- be true, fair, complete, and accurate in all respects;
- include only Products that are original works of art created and/or owned by the Seller.
- not contain any Products that breach any law or regulations, give rise to a cause of action against ArtHit or any person, or infringe any person’s rights, including intellectual property rights.
- Using our Platform interface, you must remove any Listings of Products that are no longer available and keep any images, details, descriptions, prices, and promotional information accurate and up to date.
- Sellers must ensure that all prices specified in or in relation to a Listing are in US Dollars only and are exclusive of Goods and Services Tax ("GST") or Value Added Tax (VAT).
- Sellers must use our Platform interface to create legal notices applying to their relationships with Buyers and ensure that:
- the Seller’s legal notices are sufficient to meet the Seller’s legal disclosure obligations and other legal obligations; and
- the Seller complies with all laws applicable to their Listings and sales.
Article 12. Product information
Whilst ArtHit and the Seller makes best efforts to provide you with accurate and up-to-date images, details, descriptions, prices, and promotional information, there may be instances where errors and differences may occur and neither ArtHit nor the Seller warrant that such images, details, descriptions, prices, and promotional information is accurate, current, or free from error. We cannot guarantee that your electronic display of any Product colour or image will be accurate. Neither ArtHit nor the Seller shall be liable to you or any third party for any errors or differences in the images, details, descriptions, prices, and promotional information listed through our Services.
Article 13. Our role
- You acknowledge that parties other than ArtHit list and sell Products on our Platform. For the avoidance of doubt, each agreement entered into for the sale of a Product shall be an agreement entered into directly and only between the Seller and Buyer.
- You acknowledge that:
- we do not confirm the identity of Account owners, check their credit worthiness, or otherwise vet them;
- we may at our sole discretion, but are not obliged to and do not guarantee to, check, audit, or monitor the information contained in Listings;
- we are not party to any contract for the sale or purchase of Products in the Listings;
- we are not involved in any transaction between a Buyer and a Seller in any way, save that we facilitate a marketplace for Buyers and Sellers and process payments and arrange the delivery of the Products on behalf of Sellers;
- we are not the agents for any Buyer or Seller and accordingly, we will not be liable to any person in relation to an offer for sale or sale or purchase of any products listed on our Platform. Furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Products and we will have no obligation to mediate between the parties to any such contract.
Article 14. Sale process
- The information set out in these Terms of Service and any of the Services do not constitute an offer for sale but rather an invitation to treat by the Seller. All orders submitted by a Buyer through our Platform shall be deemed to be an offer made by the Buyer to the Seller to purchase the selected Products set out in the order upon these Terms of Service (an “Order”).
- No binding contract for the Seller to sell to the Buyer any Product is made until the Seller accepts an Order in accordance with these Terms of Service, and each Order accepted by the Seller (a “Contract”) shall constitute a separate contract.
- To submit an Order a Buyer will be required to follow the online shopping process described on our Platform. After submitting an Order and making payment, the Buyer will receive an Order Confirmation that will act as an acknowledgement of the Buyer's Order and payment.
- All Orders will be deemed to be irrevocable and unconditional upon transmission through our Platform and the Seller shall be entitled (but not obliged) to process such Order without the Buyer's further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 19, you may request to cancel or amend the Order, which the Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Order.
- Processing of payment of an Order shall not in itself constitute acceptance of the Order by the Seller or by ArtHit. Where an Order is refused or cancelled by the Seller or ArtHit, any payment already made for such Order will be reversed or refunded in accordance with the prevailing refund policy at such time.
- An Order is only considered accepted by the Seller upon the Order being shipped to the address provided by the Buyer.
Article 15. Risk and title in the products
- Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Products, the time when the Seller (whether directly or via ArtHit) has tendered delivery of the Products.
- Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms of service, the title in the Products shall not pass to the Buyer until ArtHit has received in cash or cleared funds payment in full of the price of the Products and all other charges for which payment is then due.
Article 16. Price and payment
- The Seller reserves the right to amend the price of Products listed on our Platform at any time without notice or liability.
- ArtHit and the Seller are under no obligation to fulfil an Order if the price listed on our Platform is incorrect (even after an Order confirmation has been sent). If we or the Seller discovers an error in the price of any Products that are the subject of an Order, we or the Seller will inform you and give you the option of reconfirming your Order for such Product at the correct price or cancelling it. By confirming your Order for such Product, you authorise us to charge the additional amounts to you. If we or the Seller is unable to contact you, we and the Seller will treat the Order for such Product as cancelled. If you cancel your Order for such Product, we will reverse or refund payment in accordance with the prevailing refund policy at such time.
- Prices are in US Dollars and are exclusive of GST/VAT.
- Where applicable, delivery fees, packaging fees, handling fees, administrative fees, and/or other ancillary costs and fees will be charged in addition to the price of the Product. Such charges will be displayed and included in the final total when you submit your Order.
- All payments shall be made to ArtHit, either accepting payment in its own right or as the Seller’s agent, and you acknowledge that ArtHit is entitled to collect payments from you on behalf of Sellers.
- We accept payment for Orders through our Platform by the following payment methods: Major credit cards and PayPal
- By placing your Order, you authorise us to transmit information to or obtain information about you from third parties from time to time, and this may include requesting pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction, authentication of your identity, validation checks on your credit card by the issuer, protection against fraud and to enable delivery of your Order. By placing your Order, you are confirming that the card belongs to you or that you are the legitimate holder of the Promotional Voucher, and have sufficient funds or credit facilities to cover the cost of the Order.
Article 17. Promotions and vouchers
- ArtHit may from time to time run promotions, contests, or other privilege programmes (a “Programme”) that are subject to additional terms and conditions which are hereby incorporated by reference into these Terms of service and can be found on our site at such applicable time.
- ArtHit may from time to time make available vouchers, codes, coupons, credits, or gift vouchers (a “Promotional Voucher”). A Promotional Voucher may be subject to additional terms and conditions that are hereby incorporated by reference into these Terms of Service and can be found either on the Promotional Voucher or on our site at such applicable time.
- Each Programme and Promotional Voucher is valid for the time period specified by ArtHit.
- Each Promotional Voucher is only eligible for single use and cannot be used in conjunction with any other Programme or Promotional voucher unless otherwise stated or explicitly agreed to by ArtHit.
- A Promotional Voucher:
- cannot be refunded, redeemed, or exchanged for cash;
- is non-replaceable if lost, stolen, destroyed, duplicated, tampered with, or otherwise misappropriated;
- cannot be resold, transferred, or shared, except for a gift voucher which may be purchased by you and given to others;
- cannot be reproduced, adapted, altered, or otherwise tampered with;
- will be declared null and void by ArtHit where, in our sole discretion, such Promotional voucher is suspected to have been used in breach of these Terms of Service.
- ArtHit’s decision on all matters relating to each Programme or Promotional voucher is final and binding.
- ArtHit reserves the right to discontinue any Programme or Promotional Voucher at any time, in our sole discretion, without notice or liability.
- Any vouchers, codes, coupons, credits, or gift vouchers issued by a Seller cannot be used to purchase Products through our Platform unless expressly stated otherwise in our Services.
Article 18. Refusal of order
- ArtHit and the Seller reserve the right to withdraw any Products from sale on the Platform at any time. Whilst ArtHit and the Seller will make best efforts to process all Orders, there may be exceptional circumstances where we or the Seller need to refuse to process an Order after an Order confirmation has been sent by us, which we and the Seller reserve the right to do at our or the Seller's sole discretion.
- If we or the Seller refuse or cancel your Order for any reason and you have already made payment for your Order, we will reverse or refund payment in accordance with the prevailing refund policy at such time.
Article 19. Cancellation of contract
- A Buyer may cancel a Contract before the Seller dispatches the Products under such Contract by written notice to ArtHit at [email protected]. If the Products have already been dispatched, you may not cancel the Contract but may only return the Products in accordance with the prevailing return policy at the time.
- Without prejudice to any other right of termination elsewhere in these Terms of Service, the Seller, or ArtHit acting on the Seller's behalf, may stop any Products in transit, suspend further deliveries to the Buyer, and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
- the Products under the Contract being unavailable for any reason;
- the Buyer being in breach of an obligation under the Contract;
- the Buyer, if an individual, is declared bankrupt or any bankruptcy proceedings are commenced against him or her, voluntary or otherwise;
- the Buyer if a company, passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer's winding up or dissolution;
- the making of an administration order in relation to the Buyer (if a company) or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer's assets; or
- the Buyer, if a company, making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors;
Article 20. Delivery
- ArtHit is solely responsible for the delivery of the Products from the Buyer to the Seller. Our delivery fees are included in the selling price.
- ArtHit will arrange to collect the Product from the Seller and aim to deliver the Product to the Buyer at the place of delivery specified in your Order at the delivery time indicated by us in your Order confirmation.
- ArtHit will use its best efforts to deliver the Products at the proposed delivery time but cannot and does not guarantee that delivery times will be met. The time for delivery shall not be of the essence, and, to the extent permitted by law, neither ArtHit shall be liable to the Seller or the Buyer or any third party for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
- The Buyer’s signature may be required to accept delivery. If you are not available to sign for the Product upon an attempt of delivery, a card may be left with instructions and terms, hereby incorporated by reference, for either re-delivery or collection.
- If the Buyer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of the Seller's fault), then, without prejudice to any other right or remedy available to the Seller, the Seller may terminate the Contract.
- There may be locations that ArtHit is unable to deliver to, in which case we will inform you using the contact details provided by you when submitting your Order and arrange for an alternative delivery method or cancellation of your Order.
Article 21. Returns
Returns will be made in accordance to our Return Policy.
Article 22. Refunds
Where ArtHit and/or a Seller determines that a refund is to be made under these Terms of service, payment will be reversed or refunded via the same method that payment was originally made. For details see our Refund policy.
Article 23. Fees charged to sellers
- Sellers must pay to ArtHit the following amounts:
- In respect of fees payable to us by Sellers:
- the amount of the fees will be as specified in the pages for sellers on the Website or Mobile app, and on the confirmation that the seller will receive upon selling a product.
- the scope and duration of the Services in respect of which the fees are payable will be as specified on our Website and Mobile app.
- We may vary fees from time to time by posting new fees on our Platform, but this will not affect fees for Services that have been previously paid.
Article 24. Payments
- You must pay to us the fees in respect of our Services in advance, in cleared funds, in accordance with any instructions on our website.
- If you dispute any payment made to us, you must contact us immediately at [email protected] and provide full details of your claim.
- If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within ten (10) days following the date of our written request:
- an amount equal to the amount of the charge-back;
- all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee as specified on our Services from time to time; and
- all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees).
- If you owe us any amount under or relating to these Terms of service, we may suspend or withdraw the provision of Services to you.
- We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
Article 25. Our intellectual property rights
- All intellectual property rights subsisting in respect of the Services belong to ArtHit or have been lawfully licensed to ArtHit for use in connection with the Services. All rights under applicable laws are hereby reserved. You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the website itself, the Content, or any access to any Service, or create derivative works with respect thereto, except with the prior written consent of ArtHit or unless expressly permitted in these Terms of service. The website, Content, and Services are copyrighted under applicable laws.
- Trade marks, service marks, trade names, and logos used and displayed on the Platform (the “Trade Marks”) are registered and unregistered trade marks of us or third parties. Nothing on the Platform and in these Terms of service shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use (including as a meta tag or as a “hot” link to any other website) any Trade Marks displayed on the Services, without the written permission of us or any other applicable trade mark owner.
- You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
Article 26. Limited liability and warranty
- Please read this section carefully since it limits the liability of ArtHit and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “ArtHit Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts and, as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
- Your access to and use of our services is at your sole risk and is provided "as is", "as available." the services are for your personal use only and the arthit entities make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement.
- Where the buyer is dealing as a consumer (as defined in the sale of goods act (cap 393) and consumer (fair trading) act (cap 52a)), all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the goods, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law by arthit entities and any seller.
- The entire liability of the arthit entities and any seller, and your exclusive remedy with respect to the products and/or services or otherwise, is re-performance of defective services. in jurisdictions which do not allow the exclusion or limitation of certain types of liability, our and any seller's liability will be limited to the maximum extent permitted by law. we do not endorse, warrant, or guarantee any material, product, or service offered through us or our services. we are not and will not be a party to any transaction between you and any third party.
- In no event shall the aggregate liability of the arthit entities exceed one hundred singapore dollars (SGD 100).
- The ArtHit Entities shall not guarantee or assume any responsibility that:
- the information presented in our Services is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
- the information presented in our Services is free of defect, error, omission, virus, or anything which may change, erase, add to, or damage your software, data or equipment;
- messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay, or loss;
- access to the Services will be available or be uninterrupted;
- use of the Products and/or Services will achieve any particular result; or
- defects in the Services will be corrected.
- Without limiting the generality of the foregoing, in no event will the ArtHit Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the Products and/or Services, even if any of the ArtHit Entities has been advised of the possibility of such loss or damages.
- You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Products and/or Services. You are responsible to ensure that your use of the information, Products, and/or Services complies with all applicable legal requirements.
- Without prejudice to the foregoing, if your use of the Products and/or Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of service or otherwise, you are advised to contact us at [email protected]. No such lack of response shall be deemed to constitute any acquiescence or waiver.
- You hereby indemnify ArtHit against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) suffered or incurred by ArtHit in connection with any claim made against ArtHit for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with your use of the Products and/or Services. This clause shall survive termination of the Terms of service.
- The limitation of liability contained in these Terms of service will apply to the fullest extent permitted by applicable laws.
Article 27. Content copyright policy
ArtHit respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, your telephone number, and an email address;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.
Article 28. Use of the Services
- We reserve the right at all times (but will not have an obligation) to refuse any Order, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of ArtHit, its users, and the public.
- We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our site. You should use your own virus protection software.
- You may not do any of the following while accessing or using the Services (i) use our Platform in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (ii) access, tamper with, or use non-public areas of the Services, ArtHit's computer systems, or the technical delivery systems of ArtHit's providers; (iii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iv) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Article 29. Use on behalf of organisation
If you use our Services or expressly agree to these Terms of service in the course of a business or other organisational project, then by so doing you bind both:
- yourself; and
- the person, company or other legal entity that operates that business or organisational project, to these Terms of service, and in these circumstances references to "you" in these Terms of service are to both the individual user and the relevant person, company, or legal entity, unless the context requires otherwise.
Article 30. Linking to us
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
Article 31. Third-party links and resources in our site
- The links from the Services may take you to other sites or services and you acknowledge and agree that ArtHit has no responsibility for the accuracy or availability of any information provided by third parties' services and websites.
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by ArtHit on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that ArtHit and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
- Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising, or other materials available made available by such third parties.
Article 32. Indemnity
You agree to defend, indemnify, and hold us harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
Article 33. Severance
The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
Article 34. Several users
If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several and their rights are joint.
Article 35. Waiver
No failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Article 36. Termination
- The Terms of service will continue to apply until terminated by either you or us as follows.
- You may end your agreement with us at any time for any reason by deactivating your Accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
- We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your Account or the next time you attempt to access your Account.
- In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of service shall remain in full force and effect.
- Nothing in this section shall affect our rights to change, limit, or stop the provision of the Services without prior notice, as provided above in Clause 6 Changes to our services.
Article 37. Force majeure
- No party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
- The affected party shall use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.
- A force majeure event shall include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, or interference from civil or military authorities.
Article 38. Governing law and jurisdiction
These Terms of service shall be governed by the laws of the Republic of Singapore. You agree to submit to the exclusive jurisdiction of the Singapore courts.
Article 39. Languages
In case of discrepancies between the English version and any other language versions of these Terms of service and contents of our Platform, the English version shall prevail.