+65 6811 6809 info@phocept.com.sg

PHOCEPT™ TERMS OF USE

Dated 11 July 2016

Welcome to Phocept, Food Photography and Food Signage owned and operated by PHOCEPT and its affiliated and associated companies (including Singapore product Photography and Singapore Food Signage, collectively, “Phocept”, “we”, “our”, or “us”).

Purchase by you of services (“Services”) offered by merchants and service providers (collectively, “Suppliers”) through the Platform are expressly subject to these Terms of Use. You must agree to these Terms of Use to use the Platform and to purchase Services through the Platform. These Terms of Use contain important provisions which you should read, including (a) terms of sale that apply when you purchase Services through the Platform and (b) your agreement to our “Permissible Use Policy” on permissible uses of the Platform.

 

THESE TERMS OF USE ALSO CONTAIN VERY IMPORTANT PROVISIONS LIMITING OUR LIABILITY TO YOU.
YOU SHOULD READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT PROCEED WITH ANY TRANSACTION (INCLUDING SUBMITTING ANY INFORMATION ABOUT YOURSELF) ON THE WEBSITE. IF YOU ORIGINALLY AGREE TO THESE TERMS OF USE BUT SUBSEQUENTLY DECIDE TO WITHDRAW YOUR AGREEMENT, YOU MUST CONTACT US TO NOTIFY US IMMEDIATELY. YOUR USE OF THE WEBSITE (WHICH INCLUDES SIGNING UP FOR AN ACCOUNT ON THE WEBSITE AND REQUESTING FOR SERVICES TO BE PERFORMED THROUGH THE WEBSITE AND/OR (IF YOU ARE A SUPLLIER) AGREEING TO PROVIDE SERVICES THROUGH THE WEBSITE) INDICATES YOUR AGREEMENT TO THESE TERMS OF USE.

 

1. Services and Agreed Price

Phocept provides photographs to fabrication of all types of marketing advertisement materials including online and offline by perform Services to members of the public seeking such services (“End-Users”). The Services will be sold at a price offered via quotation and agreed to by the relevant End-User (the “Agreed Price”). You should be aware, however, that although the Agreed Price is agreed between supplier and the End-User, the End-User and supplier do not have any direct contractual relationship, and the Services are performed by the supplier as a sub-contractor of Phocept. The End-User and Phocept therefore enter into a contractual relationship for the performance of the relevant Services, subject to the conditions set out in these Terms of Use, and the Agreed Price represents the amount which the End-User will pay Phocept for the performance of Services by the supplier.

 

2. Ownership

You grants Phocept to re-distribute or sell for any photographs that purchased non-copyrighted license. The content and information, as well as the infrastructure of all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of Phocept. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from purchased copyrighted licenses.

 

3. Terms of Sale

3.1 Charging Policy
We will charge a user’s PayPal account or other payment processing account for confirmed project of Services purchased through the Phocept Platform immediately upon an End-User’s acceptance of a quotation for the performance of a particular Service. The amount charged will be equal to the Agreed Price.

3.2 Cancellation and Refund Policy
(a) The various Services offered through the Platform have their own cancellation policies (“Service Cancellation Policy”). If you wish to cancel a confirmed appointment for a Service (a “Confirmed Appointment”), you must do so either by calling Phocept team, by emailing Phocept at info@phocept.com.sg by not later than the time specified in the relevant Service Cancellation Policy (the “Cancellation Cut-Off Time”). You understand and agree that should you cancel a Confirmed Appointment after the Cancellation Cut-Off Time, your PayPal or other payment provider account may already have been charged for the full Agreed Price, and that any refund will be made only in accordance with the applicable Service Cancellation Policy (and in that situation neither the Guarantee nor the Warranty shall apply).

(b) If the Merchant cancels a Confirmed Appointment and credit card or PayPal account has already been charged for the Agreed Price, a full refund of the Agreed Price will be made to you in the original form of payment.

3.3 Limitation of Liability
(a) The Merchant specified as the provider of the relevant Service an End-User has contracted for (or may contract for) is (i) solely responsible for performing the relevant Service; (ii) fully responsible for all Services it provides to End-Users, and (iii) liable for all damages or losses arising out of the goods or services provided.

(b) Page Advisor is not responsible for (i) any price adjustments made by a Merchant related to a Service or appointment time (although these must be agreed between the relevant Merchant and End-User through the Platform), or (ii) any claims for injuries, illnesses, damages, liabilities and costs (“Liabilities”) that any Merchant or End-User may suffer, directly or indirectly, in full or in part, whether related to the performance of any of the Services (or non-performance of any of any Services which have been agreed to have been performed) or otherwise.

(c) To the fullest extent permitted by law, you agree to and hereby waive and release Page Advisor and its holding company(ies), subsidiaries, associated companies or organisations (whether incorporated or not), affiliates partners, officers, directors, staff members, shareholders and agents from any liabilities arising from or related to (i) any act or omission by a Merchant in the provision of any Services, including a Merchant’s failure to comply with applicable law and/or failure to abide by the agreed terms of any Service, and/or (ii) any action or inaction by a Merchant and/or (iii) any indirect, special, punitive, consequential, (including, lost profits or lost data collected through the Platform or by a Merchant), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Page Advisor has been advised of the possibility of such damages.

IN NO EVENT WILL PHOCEPT’S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OR IN RESPECT OF THE PROVISION (OR NON-PROVISION) OF ANY SERVICE CONTRACTED TO BE PERFORMED BY SUPPLIER EXCEED THE AGREED PRICE IN RESPECT OF ANY PARTICULAR SERVICE OR FIVE HUNDRED SINGAPORE DOLLARS (OR ITS EQUIVALENT IN YOUR LOCAL CURRENCY), WHICHEVER IS LOWER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOCEPT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE WEBSITE OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, INAPPROPRIATE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION IN WHICH YOU ARE LOCATED OR IN WHICH YOU ARE ACCESSING THE WEBSITE.

THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY IN THE JURISDICTION WHERE YOU ARE LOCATED, ARE ACCESSING THE WEBSITE, OR IN WHICH THE RELEVANT SERVICE IS TO BE PERFORMED. THE EXCLUSIONS
4. Links to Third Party Sites

We don’t have control over websites that Phocept may link to. Phocept may contain links to third party websites that are not owned, operated, or controlled by Phocept. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Phocept you expressly relieve us from any and all liability arising from your use of any third party website.

 

5. Intellectual Property

5.1 Ownership
(a) Everything located on or in the Platform is the exclusive property of Phocept or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the artwork or photographs without written permission is prohibited. Any violation of this requirement may result in a copyright, trade mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

(b) The photographs and any artwork contains copyrighted material, trade marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents are protected by copyright. Phocept owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material without the express permission of Phocept or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trade mark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

(c) “Phocept” is a trade mark of The Phocept (meaning Phocept team, Singapore Product Photography, Singapore Food Signage. and their respective affiliated and associated companies). It, together with other trade marks that are located within or on the Platform otherwise owned or operated in conjunction with Phocept shall not be deemed to be in the public domain but rather the exclusive property of Phocept, unless such mark or site is under license from the trade mark owner thereof, in which case such license is for the exclusive benefit and use of Phocept unless otherwise stated.

(d) You will not upload, post or otherwise make available on any material protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right. Phocept does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trade marked. You will be solely liable for any damage resulting from any infringement of copyrights, trade marks, proprietary rights or any other harm resulting from use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End-Users to access, view, store or reproduce the material for that End-User’s personal use.

5.2 Copyright Policy
PHOCEPT reserves the right to terminate its agreement with you or any other user who infringes copyright. If you believe that any material has been posted on by any person in a way that constitutes copyright infringement, you shall provide Phocept with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;

(b) an identification of the copyrighted work and the location on the Platform of the allegedly infringing work;

(c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;

(d) your name and contact information, including telephone number and e-mail address; and

(e) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Contact information for Phocept’s claims of copyright infringement is: info@phocept.com.sg

 

6. Disclaimer of Warranty

PHOCEPT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY SUPPLIER THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PHOCEPT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY PRODUCTS OR SERVICES UPON MISUSED.

6.2 The information presented or contained in the Platform is presented for informational purposes only. No information, whether oral or written, obtained by an End-User from supplier, or by supplier from an End-User, or in relation to any Service will create any warranty not expressly stated in this agreement.

6.3 Each End-User hereby agrees and understands that:

(a) Phocept does not provide, or offer to provide, negotiate or attempt to negotiate, the provision of any Service, and the provision and offer to provide Services is undertaken solely by supplier;

(b) the decision to purchase from Phocept is entirely in the End-User’s discretion and Phocept does not induce or attempt to induce any End-User to purchase any Service;

(c) the price proposed by Merchant to an End-User for the provision of any Service may exclude any applicable goods and services, value added or other consumption tax, but the Agreed Price will include any and all applicable taxes and other charges; and

(d) other than pursuant to the Guarantee and the Warranty, Page Advisor does not guarantee any price or Service offered by a merchant.

6.4 Phocept makes no representations that is appropriate or available for use in jurisdictions other than the locations in which the Services are offered. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

 

7. End-User Communications

Phocept may allow you and other End-Users to use the Platform to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms, reviews, or other communication facilities that may be offered on or through the Platform from time to time (collectively “Communities”). Phocept shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Phocept, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Phocept shall have the right, but not the obligation, to remove any material from the Communities that Phocept, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End-User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of Phocept.

 

8. Public Nature of Your Statements

You understand and agree that all Statements, any comments or reviews you post on the Platform, and any information contained in a Merchant’s information profile are public and not private. Any other person (whether or not a user of Phocept’s Services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy ) in your Statements. Phocept does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any Statements you post to are not confidential. By placing any information or other material in Communities (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to Phocept a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sub-license, reproduce, distribute, redistribute, modify, summarize, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Communities alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sub-license such rights through multiple tiers of sub-licenses.

 

9. Feedback

You may choose to or we may invite you to submit comments or ideas about any Services received by you or relating to our works, including without limitation about how to improve the Services you received (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Phocept under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Phocept does not waive any rights to use similar or related ideas previously known to Phocept, or developed by its staff members, or obtained from sources other than you.

 

10. License Grant

By posting Statements or other information on or through the Communities, you grant Phocept a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, summarize, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sub-license such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

 

11. Indemnity

You agree to defend, indemnify and hold harmless Phocept and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees on a full indemnity basis) arising out of or related to: (a) your use of the Platform and any Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights of any person; (d) your violation of any applicable law, rule or regulation; (e) user content or any other information or content that is submitted through your account including (without limitation) misleading, false or inaccurate information; (f) negligent or wilful misconduct; or (g) any other party’s access and use of the Platform with your unique username, password or other appropriate security code.

 

12. Termination

Phocept may terminate these Terms of Use at any time, or suspend access to the any Platform immediately, without prior notice or liability, if you breach any terms of these Terms of Use or for any other reason. Without limiting the foregoing, Phocept team shall have the right to immediately terminate or suspend any of your projects or intellectual assets in the event Phocept considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms of Use. Notwithstanding the above, these Terms of Use will survive termination of these Terms of Use. Deposit collected with agreed pricing is non-refundable.

 

13. Choice of Law

Other than as provided for in Clause 14.3, these Terms of Use are governed by, and shall be construed in accordance with, Singapore law.

13.1. Choice of law for dispute resolution provisions Clause

13.2 is governed by and shall be construed in accordance with, Singapore law.

 

14. Miscellaneous Provisions

14.1 No waiver by either you or Phocept team of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms of Use. The clause headings used herein are for convenience only. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

14.2 In accordance with the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, you agree that these Terms of Use apply equally to and are for the benefit of Phocept and its holding company(ies), subsidiaries, associated companies or organisations (whether incorporated or not), affiliates partners, officers, directors, staff members, shareholders and agents, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14.3 The failure of either party to exercise in any respect any right provided in these Terms of Use will not be deemed a waiver of such rights.

14.4 If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

14.5 These Terms of Use, and any rights and licenses granted here under, or any obligations in respect of them, are not assignable, transferable or sub-licensee by you except with Phocept team’s prior written consent, but may be assigned and/or transferred and/or licensed by Phocept without restriction and you hereby give your irrevocable consent to such assignment and/or transfer and/or license or sub-license by Phocept. Any attempted transfer or assignment in violation hereof shall be null and void.

14.6 You agree that these Terms of Use, along with Phocept’s Privacy Policy, Merchant Agreement (in the event you are also a Merchant) and any other legal notices published by Phocept on the Platform, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by Phocept team, except as otherwise provided herein.

14.7 No relationship of trust, agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Phocept in any respect whatsoever.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY PHOCEPT SERVICE OFFERED THROUGH THE SITE.

© 2019 The Phocept Team