Terms of Use

THIS AGREEMENT CONSTITUTES A BINDING CONTRACT ON YOU AND GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES BY YOU, AGENTS AND END-USERS WHETHER IN CONNECTION WITH A PAID OR FREE TRIAL SUBSCRIPTION TO THE SERVICES.



By accepting this Agreement and our Privacy Policy, either by accessing or using a Service, or authorizing or permitting any Agent or End-User to access or use a Service, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Bookarta that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “User” or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement and all applicable Singapore laws, You must not accept this Agreement and may not use any of the Services.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.



Use of Site

The Site may not be used to gain or attempt to gain a competitive advantage in Bookarta's industry market or be used for any competitive purpose. Services and products are intended only for persons who are legally permitted to enter binding contracts. The information, opinions, images, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users ("User Submissions") and uploaded, published, displayed or otherwise made available ("posted") on the Site is not endorsed by Bookarta. Users are solely responsible for the submissions he or she posts. Users retain all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, Users grants the right, to Bookarta a non-exclusive, worldwide, non-revocable, transferable, royalty-free, and perpetual right to use the User Submissions. User Submissions are in any manner or media now, or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sub-license, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary.



Rules of Conduct

Users agree to adhere to generally accepted rules of etiquette and behavior standards. The following rules of conduct apply to Users use of the Site and to all User Submissions posted on the Site. Users agree to adhere to generally accepted rules of etiquette and behavior standards. As User, you agree not to: post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way; post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights; post photos or videos of another person without that person's consent; post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities; impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity; promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code; solicit personal information from anyone under 18; post the personal information of another person without that person's permission; or use another User's account or modify or remove another User's User Submissions without their permission.



Customers with Bookarta Accounts

Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or 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. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating. You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be: (a) access to the relevant Platform and/or use of the Services by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.



BOOKARTA

Agrees not to prescreen User Submissions or guarantee that the Site will be free from offensive, inaccurate, unlawful or otherwise objectionable User Submissions; expressly disclaims any liability in connection with User Submissions; assumes no responsibility for, or any obligation to monitor or remove, User Submissions; assumes no responsibility for any action or inaction taken in regards to offensive content or User Submissions on the Site; reserves the right to restrict any User's access to the Site or edit, remove, or refuse to post any User Submissions or terminate User accounts for any or no reason. This includes, without limitation, User Submissions that may be harmful to others or if User has engaged in harassment of Bookarta service providers. Users may immediately notify Bookarta of any objectionable User Submissions appearing on the Site; Bookarta makes no promise that it will edit or remove any specific User Submissions.



Accuracy of Information

Although Bookarta's webmaster updates information on the Site periodically, Bookarta does not offer assurance that the information or material is error-free or complete. Such updates include but are not limited to availability and price. Bookarta reserves the right to revise or change information without prior notice. Although we apologize for the inconvenience, Bookarta reserves the right to correct any information at any time, even during User transactions, and will take measures that may include refusal, cancellation, or revision to adjust User’s final payment. All prices are available for limited time only, and Bookarta reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased service.



Third Party Links and Content

Links and references to and from third party websites are provided for convenience only. Bookarta does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. Bookarta does not assume any responsibility or liability for third party sites, nor does Bookarta make any representation or warranties for these sites. No User may provide links to Bookarta's website without prior written permission from Bookarta's webmaster. To request such permission, contact [email protected] Bookarta and its service providers do not guarantee the accuracy or completeness of the Site's content. Bookarta does not assume responsibility or liability for third party content on the Site. Vendors of Bookarta may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify Bookarta service providers and affiliates against all losses or damages resulting in User's reliance on any information, opinion, or advice obtained through the Site.



Termination

Bookarta reserves the right, in its sole discretion, to terminate any User account and any User Submissions, and restrict User's access to all or any part of the Site for any or no reason, without notice, and without liability to any User or anyone else. These Terms of Use are applicable to any User who accesses, registers, or purchases anything on the Site. The terms of Termination; Indemnity; Copyright and Trademark Disclaimer; Limitation of Liability and Disclaimer of Warranties; and Governing Law sections will survive any termination of service or use of the Site.



Personal Data Protection Policy

You agree and consent to Bookarta, and our authorised service providers and third parties to collect, use and disclose and/ or retain your Personal Data in the manner set forth in this Terms of Use document.
This Personal Data Protection Policy supplements but does not supersede nor replace any other consent which you may have previously provided to us nor does it affect any right that we may have at law in connection with the collection, use, disclosure and/ or retention of your Personal Data. Generally, Bookarta collects, use, disclose and/or retain your Personal Data to provide you with the services, assist you with your enquiries, to keep you updated on your bookings, and to comply with applicable laws and regulations. From time to time, we may contact you via email, telephone (call or SMS-Text), or social media platforms, to inform you about membership benefits, services and events that may be of interest to you. We may disclose your Personal Data to our Customers, their associates and relevant third party for the purpose of carrying out the service, subjected to the requirements of applicable laws. We may collect or analyse anonymised information from which individuals cannot be identified (“Aggregate Information”), such as number of users and their frequency of use, the number of page views (or page impressions) that occur on our websites and common entry and exit points into our websites. We make use of “cookies” to store and track Aggregate Information about you when you enter our websites. Such cookies are used to track information such as the number of users and their frequency of use, profiles of users and their online preferences. Such aggregate Information collected may be used to assist us in analysing the usage of our websites so as to improve your online experience with us. Should you wish to disable the cookies associated with these technologies you may do so by changing the setting on your browser.
However, please note that this may affect the functionality of the websites. We are not responsible for the privacy practices of third party websites operated by third parties even though it is linked to our websites. We encourage you to learn about the privacy policies of such third party websites by checking the policy of each site you visit and contact its owner or operator if you have any concerns or questions. We maintain appropriate security safeguards and practices to protect your Personal Data unauthorised access, collection, use, disclosure, copying, modification disposal or similar risks, in accordance with applicable laws. If you do not wish to receive marketing by text or email, please email to [email protected], and we will inform the related party of the information.



Indemnity

User agrees to indemnify Bookarta and its service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from or relating in any way to his or her User Submissions, use of the Site, any violation of this Agreement, Privacy Policy, any law, or the rights of any third party, or any activity on the User's account by another third party.



Copyright and Trademark Disclaimer

The Bookarta name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Bookarta retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Bookarta trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Bookarta. Permission is only granted to electronically copy and print pages from the Site solely as related to the placement of User Submissions in Bookarta. Bookarta retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the Site to create new works. User agrees to not use, copy, or distribute any of the content, including User Generated Content, other than expressly permitted, for any commercial purpose. User warrants that he or she owns all rights in any User Submissions posted to the Site. User agrees not to post, modify, distribute, or reproduce User Submissions that belong to another person, without first obtaining the owner's permission to post such User Submissions and grant to Bookarta all of the license rights granted in this Agreement.



Limitation of Liability and Disclaimer of Warranties

Bookarta provides the site "as is" and does not claim to make any warranties, express or implied, about the serviceability, merchantability, fitness for a particular purpose, or content of the site. Bookarta further does not warrant that its site or applicable server is free from viruses or other potentially harmful code. Neither Bookarta nor any of its service providers shall be liable for any claims arising from any use or inability to use products or services, the conduct of other site Users, malfunctions or defects in the site, lack of privacy or security when using the site, for any delay in or lack of delivery, for any loss of profits, data, or business, for User or any third party, as permissible under all applicable law. If applicable law does not permit such an exclusion of liability for incidental, special, or consequential damages, the limitation may not apply in its entirety. User agrees to indemnify and hold harmless Bookarta and its service providers from damages, and neither party will be liable for any indirect, incidental, special, consequential or any damages whatsoever (including, but not limited to, damage caused by lost profits, loss of business opportunity, lost data, computer viruses, business interruption, lost revenue, or loss of goodwill) for any cause of action, whether in contract, tort, strict liability, or otherwise, arising out of or related to this agreement. In no event shall Bookarta be liable for damages in excess of the price charged to User for User's order. This limitation shall not apply to death or personal injury to the extent that applicable law prohibits such limitation. Bookarta reserves the right to change or discontinue at any time any aspect or feature of this site.



Governing Law

The Site is controlled and operated by Estuario Pte Ltd in Singapore. Bookarta makes no claim that the Site, its services, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Policy, and submits to the jurisdiction shall be governed by, construed and interpreted in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore Courts. The laws of Singapore shall govern this agreement, without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.



Terms of Use Changes

This notice replaces all previous disclosures we may have provided you about our information practices. We reserve the right to revise and modify this terms at any time, without notice, and to apply these changes in terms to information previously collected, where legally permissible. We will notify you of changes by posting the Terms of Use changes on our website. Your continued use of the Site constitutes your acceptance to this Terms of Use and any updates. This Terms of Use was last updated April 2017.



Contact Us

If you have any questions about our Terms of Use, please send mail to [email protected] The examples contained in our Terms of Use are illustrations only and are not intended to be exhaustive.



Schedule 1 - Definitions and Interpretation

1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Customer” has the same meaning as registered users of Bookarta.
1.2 “Intellectual Property” 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.
1.3 “Bookarta Indemnitees” means Bookarta and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “Bookarta”, “we”, “our” and “us” refer to Estuario Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 201611113Z.
1.5 “Price” means the price of Products listed for sale, as stated on the Platform.
1.6 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.8 “Booking” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a Customer who has an account with Bookarta may use in conjunction with the Username to access the relevant Platform and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing a Booking, making an enquiry or contact with Support or third party , regardless of whether you have an account with us.
1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Bookarta which is presently located at the following URL: www.bookarta.com; and (b) the mobile applications made available from time to time by Bookarta, including the iOS and Android versions.
1.12 “Privacy Policy” means the privacy policy set out at https://www.bookarta.com/privacy-policy/.
1.13 “Product” means a product (including any installment of the product or any parts thereof), services available for sale to Customers on the Platform.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libellous or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

1.15 “Services” means services, information and functions made available by us at the Platform.
1.16 “Terms of Use” means the terms and conditions governing a Customer’s purchase of the Products and are set out at http://www.bookarta/terms-of-use.
1.17 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.18 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Bookarta.
1.19 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.


2. Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. 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. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Bookarta and the provision which is more favourable to Bookarta shall prevail.