Terms and Conditions of Sale Hall of Decor ("Us" or "We") provides Dreamscaper.sg site to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Sale"), as well as any other written agreement between us and you.
SALE AND PURCHASE OF GOODS
- "Seller" refers to Dreamscaper, which is a subsidiary of Hall of Decor and persons acting on behalf of Dreamscaper.
- "Buyer" refers to the individual or entity that purchase the goods and services.
Dreamscaper.sg ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, the products and incorporated herein by this reference ("Goods and Services") on the terms and conditions of sales set forth in this Agreement. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites. The inclusion of any products or services on our Sites at a particular time does not imply or warrant that these products or services will be available at any time.
By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
PRINTING We make reasonable efforts to accurately display the attributes of our products, including the colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours due to difference in calibration.
PURCHASE PRICE Buyer agrees to pay the Purchase Price of the Goods and Services as posted on this website. Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices. Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
Submission of materials Any materials submitted by you, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant Dreamscaper and its designers a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service you request. We use User Submitted Materials only in connection with products or services we provide that you request, and for no other reason.
- Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through Dreamscaper. are not proprietary to you, and such template or layout shall be the sole and exclusive property of Dreamscaper.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorisation or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
Intellectual Property and Copyright Notice
For purposes of these Terms and Conditions of Sale, "content" is defined as any information, data, communications, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. Our Site is controlled and operated by Hall of Decor. Our software, applications, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, logos, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us, or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of Seller. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such (including but not limited to text, photos, and recipes).
You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site or Services, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorisation is a violation of our copyrights and other proprietary rights and is strictly prohibited. We reserve all rights other than those expressly granted herein.
Disclaimer of Warranty/ Limitation of Liability APPLICABLE LAW
The laws of Singapore shall govern this agreement.Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
DISCLAIMER OF WARRANTIES
DREAMSCAPER UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS OR THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH BUYER MAY BE BUYING THE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND SELLER DISCLAIMS ALL OTHER CONDITIONS, EXPRESS OR IMPLIED.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
LIMITATION OF LIABILITY AND INDEMNIFICATION
BUYER HEREBY AGREES THAT THEY ASSUME ALL RESPONSIBILITY AND LIABILITY FOR THE USE OF THE SITE AND SERVICES INCLUDING GOODS AND SERVICES SOLD HEREIN.
BUYER FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DREAMSCAPER, DIRECTORS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY AFFILIATES AND ADVERTISERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THE COST OF ANY ATTORNEY'S FEES AND COURT COSTS ASSOCIATED WITH ANY LITIGATION IN DEFENSE OF ANY SAID LITIGATION, THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY’S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF ANY GOODS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
DREAMSCAPER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS AND SERVICES.
DREAMSCAPER RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM OR ACTION AND ALL NEGOTIATIONS FOR SETTLEMENT OR COMPROMISE, AND YOU AGREE TO FULLY COOPERATE WITH DREAMSCAPER IN THE DEFENSE OF ANY SUCH CLAIM, ACTION, SETTLEMENT OR COMPROMISE NEGOTIATIONS, AS REQUESTED BY DREAMSCAPER.
Dreamscaper shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to government action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations