a. Notice
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows: if sent by personal delivery, upon delivery at the address of the relevant party; or if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on: the date specified as the date on which the change is to take place; or if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing Law & Jurisdiction
(i) The terms and conditions and all other express terms of the contract between the Buyer and the Seller shall be governed by and construed in accordance with the law.
(ii) Courts shall have jurisdiction in relation to any maters arising in connection with any contract with the Buyer and the Seller into which these terms are incorporation.
c. Waiver
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
e. Severability
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the moo.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on www.photogifts.com.sg website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the www.photogifts.com.sg website is accurate, complete, reliable, current, or error-free.
h. Licence
The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the www.photogifts.com.sg website. All use must be in accordance with all www.photogifts.com.sg stated policies, including those in the www.photogifts.com.sg’s Privacy Policy.
i. Headings
All Conditions and Section Headings are for convenience of reference only and shall not affect the interpretation of the Contract.
j. User Registration, Eligibility & Account Activity
In registering for a www.photogifts.com.sg user name, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the www.photogifts.com.sg website is accurate. Falsifying or omitting contact information such as a member’ s name, address, and mobile number when registering with www.photogifts.com.sg is not permitted. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
k. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer’s user registration for violating the Terms and Conditions of Business. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
l. Seller’s Right of Removal of Materials & Information
The Seller reserves the right at any time with or without the Buyer’s prior consent and without liability to the Buyer in that regard to delete from the www.photogifts.com.sg website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
m. Buyer Indemnification of www.photogifts.com.sg
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from the Buyer’s submissions to the www.photogifts.com.sg website, and/or from the Buyer’s unauthorised use of material obtained through the www.photogifts.com.sg website, and/or from the Buyer’s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer’s use of the www.photogifts.com.sg website.
n. Seller’s Right of Change & Amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller’s services on a regular basis should check the relevant links regularly before placing Orders.
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