|1. The SHAI Platform is a website that allows members to register for courses, and to purchase Goods and Services.|
We are an online platform
The SHAI Platform is established to allow members to register for courses and to purchase Goods and Services. We may in time to come, provide other related services and apps.
|When you use our Services, you enter into a legally binding agreement
You agree that by clicking “Sign Up”, “Login” or similar buttons, accessing, registering or using our Services in any way, you are entering into a legally binding agreement with us. For clarity, this agreement also applies to unregistered visitors.
|We may change the features
We may change, enhance, suspend or end any features by notification on our SHAI Platform, to the extent allowed under law.
You are eligible to enter into this TOU
If you are below the age of 18, you must obtain: (i) the consent of your parent(s) or legal guardian; (ii) their acceptance of the Terms; (iii) their guarantee in respect of your obligations under these Terms; and (iv) their guarantee in respect of your obligations relating to any transactions on the SHAI Platform before using the Services.
If you are agreeing to these Terms and/or using the Services on behalf of a business entity (be it a sole proprietorship, partnership, company etc), you represent and warrant that you have authority to bind that business to these Terms, and your agreement to these Terms will be treated as the agreement of that business entity. In this event, “you” and “your” refer to that business entity.
Some phrases commonly referred to are defined here
“Account” means the account that you have opened with us for the provision of the Services.
“Confidential Information” means all proprietary information labelled as “confidential” or which a reasonable person would regard as confidential information, including but not limited to, Personal Data, business plans, financial reports, quotations, price lists, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans.
“Content” includes without limitation, information, data, text, messages, writings, articles, responses, business profiles, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, or other materials provided or otherwise made accessible on or through our Services, excluding any personal data.
“Force Majeure Event” includes but is not limited to events that delay the performance of either party’s obligations under these Terms or prevent either party from carrying on business on account of pandemics, strikes, shortages, riots, insurrections, war, acts of terrorism, fires, floods, storms, explosions, earthquakes, acts of God, governmental action, labour conditions, failure or disruption of a utility service, internet service provider, hosting provider, or transport or telecommunications network, or any other cause which is beyond our reasonable control.
“Goods” means the goods that may be purchased through the SHAI Platform.
“Intellectual Property Rights” includes all the worldwide rights, titles and interests in and to the Services and SHAI Platform, applications, text, pictures, videos, graphic, user interface, trademarks, logos, applications, programs, software and platform that we use to provide the Services and in all Content.
“Paid Goods and Services” means Goods and Services that require a payment of fees.
“Participating Period” means the period beginning on the date that these Terms were read and agreed to by you until such date that these Terms no longer apply due to termination pursuant to Clause 12.
“Payment Processor” means a Third Party Service Provider appointed by us to process your credit and/or debit card payments on behalf of a bank.
“Personal Data” means any data, whether true or not, about an individual who can be identified (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. Examples of such Personal Data include an individual’s name, NRIC, passport or other identification number, telephone number(s), residential address, email address and any other information relating to any individual which you provide to us.
“Services” means the provision of services, information and functions provided by us through the SHAI Platform. These services are inclusive but not limited to the facilitation of registration for events, Donations as well as the purchase of certain Goods.
“Third Party Services” means Services that may be provided by or may incorporate the services provided by Third Party Service Providers.
“Third Party Service Provider(s)” means any third party service provider, which includes but is not limited to a Payment Processor, supplying services which are necessary in order for us to provide the Services.
“Unpaid Services” means any service, website and app provided by us that are not Paid Services.
“We” and/or “us” means Sheng Hong Arts Institute (UEN: T09SS0065H).
“Your Content” shall include Content that you choose to provide to us through any form including but not limited to web forms within the SHAI Platform, emails to us, any information in your conversations with any of our employees and/or agents, and any Content submitted to Third Party Service Providers that may be transmitted through us. You confirm that Your Content does not contain any Confidential Information and any use by us will not lead to a breach of confidence on our part, subject to the relevant data privacy laws within your jurisdiction, including but not limited to the Personal Data Protection Act 2012.
To use our Services other than browsing the websites published by us, you must first set up an Account with us. We reserve the right to otherwise restrict access to our Services at our discretion.
|You agree to provide us with true and accurate information
When registering an Account with us, you agree to provide us with true, accurate, current and complete information and any information that we may reasonably require to provide you with the Services. You also agree to keep your contact information up to date.
|You allow us to use all Content
|You will be responsible for your Account and ensure it is for your own use
You are solely responsible for the management of your Account and password. You are solely responsible for restricting access to your computer(s) and maintaining the confidentiality and security of your Account, login details, passwords, and all activities that occur under your Account. You must notify us in writing immediately if you become aware of any unauthorised use of your Account or password. You agree that the Account will be used by you only and will not be shared with or transferred to others.
You are solely responsible for any activity on the SHAI Platform arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure. We cannot and will not be liable for any loss or damage arising therefrom.
For security purposes, including the investigation of whether any user is using the SHAI Platform for fraud, money laundering, insider trading or other unlawful activity, we have the right, and sole discretion, to immediately
You agree to the statements of facts set out here and agree to the following:
You warrant that:
You agree not to:
|6. Content and Intellectual Property Rights|
You agree to provide information that is true, accurate and lawful.
Subject to Clause 6.3, you must ensure that all Content provided by you is timely, true, complete, current, accurate and complies with the relevant laws and/or regulations.
|You agree to indemnify us for losses sustained arising out of Your Content you provide, submit or transmit through our Services.
You undertake to keep us, our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of Your Content you provide or transmit through the Services, or your violation of any rights of another as a result of the provision, submission of transmission of Your Content through the Services.
You are solely responsible for and assume all risks for any Content posted or supplied by you and you agree that we have no control over the Content and its veracity. Save for Personal Data required from you for purpose of registering an Account, you must ensure that all Content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws of the relevant territories including but not limited to the Personal Data Protection Act 2012. You may be liable for expenses incurred by us for scrubbing such information of third parties, cost as incurred.
|Your Content is yours but you grant us a non-exclusive licence to use it
|Termination of your licence to us
You may terminate the non-exclusive licence for a specific portion of Your Content by deleting it from the Services, or do so generally by closing the Account and/or by the termination of this TOU, except (a) to the extent that Your Content has already been shared with others as part of the Services and they copied or stored it; (b) for a reasonable period of time we require to remove from backup and other systems; and (c) Your Content has already been modified and adapted to form anonymised data.
|Content provided by others is to be used or viewed at your own risk
All Content transmitted through the Services is the sole responsibility of the person from whom such Content originated. We do not verify the veracity of nor do we endorse any Content posted or supplied to us. We assume no responsibility for the content nor do we endorse the websites linked on the SHAI Platform. We will not be liable for any loss or damage that may arise from your use of them.
You acknowledge that you are solely responsible for evaluating all risks associated with the access, use, accuracy, usefulness, completeness, appropriateness or legality of any Content conveyed through the Services.
If you dispute any Content or feel that the Content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us for the purpose of verifying the Content or taking down the Content from the SHAI Platform. We can be contacted at firstname.lastname@example.org. However, any removal by us is at our sole discretion and without any admission of liability.
We reserve the right to, but do not have any obligation to, remove any Content from the SHAI Platform at any time, and for any reason, without notice.
|We own all Intellectual Property Rights
|Feedback may be submitted by you
You may choose to submit comments, bug reports, ideas or other feedback about the SHAI Platform (collectively, “Feedback”). By submitting Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
|7. Service and Access|
We will try our best to ensure uninterrupted access to the SHAI Platform
We will endeavour to the best of our abilities, within commercially reasonable means, to ensure that SHAI Platform and the Services are available at all times.
Notwithstanding the foregoing, we (a) do not warrant that your use of the Services will be uninterrupted or error-free or that the Services will meet your requirements; (b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet; (c) shall not be responsible for non-performance of the Platform or Services caused by any use that is contrary to our instructions, or modification or alteration by any party other than us or our representatives, and will only provide support to correct such non-performance at our sole discretion; and (d) shall not be responsible for any loss or damage arising from your failure to keep your passwords secure and confidential.
You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
|8. Events Registration|
Registration for events is subject to availability and acceptance by us
As part of our Services, you may be able to register for events on our Platform. Any such registration is subject to availability and acceptance by us. We reserve the right to accept or reject any registration.
Registrations are non-transferable
Upon confirmation of your registration, no exchange or substitutions shall be made under any circumstances. Registrations are strictly non-transferable.
|We have the right to refuse admission without compensation
We reserve the right to refuse admission or evict any person whose conduct is disorderly, inappropriate, poses a threat to security or to the enjoyment of the programme by others, with no refund or compensation payable to you.
|Cancellation policy for registration of events
We reserve the right to change the content, timing, speakers, date and venue of the event. If an event is postponed or cancelled, a Postponement Publicity Notice or a Cancellation Publicity Notice shall be placed on our website (shenghongarts.org.sg) and/or Facebook page (www.Facebook.com/shaisingapore). If the event is cancelled by us not due to any Force Majeure Events and without any reasonable basis, we will refund the ticket price to you and disclaim any further liability. All other fees, including booking fees and handling fees shall not be refundable.
|No refunds will be given for cancellation of registration
Upon confirmation of your registration, no refund will be given if you cancel your registration.
If you wish to cancel your registration, kindly inform us in writing at least 5 working days prior to the commencement of the event. Non-payment or non-attendance does not constitute a cancellation.
|Photographs and Videos at Events
We may take photographs or videos of participants at our events. By registering for an event, you hereby give consent that we may include images of yourself intact or in part for material used in various publications, promotional activities, or other related endeavours. This material may also appear on the website and related social media pages of SHAI.
You may make payment for various Goods and Services provided by us through the SHAI Platform (the “Paid Goods and Services”). All prices are stated in Singapore dollars. The prices exclude all applicable taxes and currency exchange settlements, unless stated otherwise.
|Purchases are non-refundable refunds
We may change the prices of any unpurchased Paid Goods and Services at any time at our discretion by posting such change in price(s) on our SHAI Platform.
|We use a third party Payment Processor, whom we may change at any time
We use a Payment Processor to bill and collect payments from you. By making use of these payment services provided by our Payment Processor, you:
We may change a Payment Processor at any time and if so, we will inform you of the terms of the new Payment Processor.
The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due immediately upon demand.
We will provide you with an online billing statement by email or any other mediums at our discretion. You may also access your billing statements and transaction history via the SHAI Platform through your Account with us. If we make an error on your bill, you must inform us within 90 days from the date our email is sent to you. If you do not inform us within 90 days, you agree to release and/or discharge us from all liability and claims of loss resulting from the error. All charges and/or fees are final and non-refundable. If we have identified a billing error, we will endeavour to correct that error within 90 days.
If there is any payment due to you, you agree to timely and accurately provide us with any information we need to pay you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require a return of the erroneous payment from you. You agree to cooperate with us in our efforts to do this. We may also reduce any outstanding payment to you without notice to adjust for any previous overpayment.
Except where otherwise provided in these Terms, where you have incurred any liability to us, whether arising from or under these Terms or otherwise howsoever arising, we may without notice to you set-off the amount of such liability against any liability of us to you arising from or under these Terms, whether such liability is liquidated or unliquidated, present or future, accrued or contingent.
|10. Third Party Service Providers|
You agree to our engagement of Third Party Service Providers
You acknowledge that we may engage Third Party Service Providers to assist in the provision of Services. You consent and authorise us to delegate the authorisations you provide to us to the Third Party Service Providers as we deem necessary.
Your use of certain Services may be provided by Third Party Service Providers (“Third Party Services”). The use of Third Party Services may require your agreement to certain additional terms and conditions provided by the Third Party Service Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Services.
You acknowledge that Third Party Service Providers are independent contractors as stipulated and we do not provide or exercise any control or oversight over or oversee the performance of Third Party Service Providers in providing the Third Party Services to you.
We are not responsible for any Third Party Services, even if you have logged in through our SHAI Platform. In the event the performance of Third Party Services requires access to Your Content, you agree that we may disclose such Content to the Third Party Service Providers. You will not hold us responsible for any breach on the part of the Third Party Service Providers, including but not limited to losses and/or damages suffered by you arising out of the access to Your Content.
We have the sole discretion to change, modify or discontinue, temporarily or permanently, any Third Party Services offered to you without notice to you.
|11. Limitation of Liability|
We set out the limits of the legal liability we may have to you
Save as set out at paragraph 11.1 above, we shall not be liable to you in other aspects, whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, including:
Our total aggregate liability whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, including any professional and legal costs, arising in connection with the performance or contemplated performance of these Terms shall be limited to SGD 50.00. For the avoidance of doubt, the foregoing sets out our total financial liability to you in respect of any breach of these Terms, including but not limited to any Personal Data or data security breach.
We may terminate this TOU at any time without notice and without reason. Upon termination, your right to access and use of the Services will automatically terminate, and you may not continue to access or use the Services.
Termination shall not affect certain clauses or rights
Termination of these Terms shall not affect the following:
|13. Governing law & Jurisdiction and Dispute Resolution|
If we end up in a dispute, we will try to mediate before proceeding to the Courts of Singapore
Any dispute arising out of or in connection with this TOU must first be submitted for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts of the Republic of Singapore.
Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 90 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
You agree to submit to the exclusive jurisdiction of the Singapore Courts.
|14. General Terms|
|Third Party Rights
|No Partnership or Agency