Terms & Conditions
We are Cathay Photo Store Pte Ltd (“we”, ”us”, “our”, ”Cathay Photo”), a company registered in Singapore. Our company registration number is 197200024H and our registered office is at 111 North Bridge Road, #01-07 Peninsula Plaza, Singapore 179098.
The following terms and conditions (the “T&Cs”) apply to cathayphoto.com.sg (the “Website”) and form the T&Cs on which we supply products and services to you (the “Customer”). Please read through the T&Cs prior to using the Website.
Your use of the Website indicates that you have acknowledged, understood and agree to abide and adhere to the T&Cs. If you do not accept any of these terms or conditions, you must immediately discontinue your access of this Website and/or use of our online services.
You can contact us by writing to us at firstname.lastname@example.org.
You consent to us contacting you for customer service related matters by telephone or by writing to you at the email address or postal address you have provided to us.
You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accessing and Using the Website
As a condition of your access to and/or use of the Website, you warrant that:-
All information supplied by you on the Website is accurate, current and complete;
You are at least 18 years of age or older in order to access and/or use the Website; and
You will not copy or distribute any part of the Website in any medium without Cathay Photo’s prior written authorization.
You shall be solely responsible for your access to and/or use the Website and its materials herein and for all activities that occur under your account or password.
If you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for maintaining the confidentiality of your account and password.
We reserve the right to disable or terminate any user account, refuse service, or cancel orders at any time if in our sole and absolute discretion you have failed to comply with any of the provisions of these T&Cs.
You agree and undertake:-
not to use the Website for illegal purposes or any purposes prohibited by these T&Cs other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
not to solicit the performance of any illegal activity or other activity which infringes our rights or others;
not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
not to gain or attempt to gain unauthorized access to or otherwise interfere or disrupt any computer systems or networks connected to the Website;
not to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use and enjoyment of the Website;
not to circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
not to use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website's data or damage or interfere with the operation of another customer’s computer or mobile device or the Website;
not to post, promote or transmit through the Website any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libellous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
The Website may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Cathay Photo, including third party payment system providers.
You acknowledge and agree that Cathay Photo is not responsible for examining or evaluating the content, privacy policies, or practices of such third party websites or the companies that own them.
We do not assume any responsibility or liability for the actions, product privacy policies, or practices of all these and any other third parties.
By using the Website, you expressly release Cathay Photo from any and all liability arising from your access and use of any third party website. We encourage you to carefully review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
Intellectual Property Rights
Cathay Photo is the owner or the licensee of all intellectual property rights in and to the content and the compilation of all content on the Website, and in the material published on it.
You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means without Cathay Photo’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Website.
The Website, its content and all texts, images, merchandise and other information on, accessible from or available through this site are provided on an 'as available' and 'as is' basis and we disclaim all warranties of any kind, whether express or implied, including but not limited to any warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement.
Specifically, but without limitation, Cathay Photo does not warrant that: (i) the information available on the Website or the product descriptions is accurate, complete, reliable, current, or error-free; (ii) the functions contained on the Website will be uninterrupted or free of errors; (iii) any defects will be corrected, or (iv) any files or other data you download from the Website or the server(s) that makes it available are free of viruses or other harmful components.
All information provided on the Website is subject to change without notice. You assume total responsibility for your use of the Website and any linked sites and you agree that your use of the Website is at your sole risk.
Cathay Photo reserves the right at any time without notice to modify, interrupt or terminate operation of or access to the Website as necessary to perform routine or non-routine maintenance, error correction, or for any other reason; and to modify or change the Website and any applicable policies or terms.
Limitation of Liability
Cathay Photo, its related entities, agents, affiliates, business partners, vendors, service providers or their respective officers, directors, employees, agents or successors shall not be liable to any user of the Website or any other person or entity for any damages of any kind arising from the use of the Website or any service, or from any information, content, materials, products or other services included on or otherwise made available to you including but not limited to direct, indirect, special, incidental, punitive, consequential or exemplary damages (whether for loss of profits, loss of data, loss of use or otherwise) arising out of the use or inability to use the Website or any information contained thereon or stored or maintained by Cathay Photo, whether based upon warranty, contract, tort, or otherwise, even if Cathay Photo has been advised of or should have known of the possibility of such damages or losses.
If, notwithstanding the provisions of these T&Cs, Cathay Photo, its related entities, agents, affiliates, business partners, vendors, service providers or their respective officers, directors, employees, agents or successors is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, product or Services, whether in contract, tort (including, but not limited to, negligence) or otherwise, the total liability of Cathay Photo, its related entities, agents, affiliates, business partners, vendors, service providers or their respective officers, directors, employees, agents or successors shall in no event exceed the amount you paid to Cathay Photo in connection with the applicable event, promotion or event giving rise to such liability.
Cathay Photo disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any services.
Without limiting the foregoing, Cathay Photo, its related entities, agents, affiliates, business partners, vendors, service providers or their respective officers, directors, employees, agents or successors shall in no event have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Cathay Photo.
You hereby acknowledge that the preceding paragraph shall apply to all content, products and services available through the Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
By using this Website, you agree to indemnify and hold Cathay Photo, its related entities, agents, affiliates, business partners, vendors, service providers or their respective officers, directors, employees, agents or successors (each an "Indemnified Person") harmless from any claim, demand, action, suit or proceeding brought or threatened to be brought against any Indemnified Person by any third party which is due to, caused by or arising out of (i) your access and/or use of the Website, (ii) your and any other party's access to the Website using your Cathay Photo username and/or password, and/or (iii) your breach of any of these T&Cs, and to pay such Indemnified Person damages, costs and interest in connection with such claim, demand, action, suit or proceeding.
We make no representation that information on this Website is appropriate or available for use outside Singapore. Those who choose to access this Website from outside Singapore do so at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Orders and Payments
You may place an order with us by completing and submitting the order form on the Website. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us.
Please complete payment at the moment your order was placed, as all unpaid orders will be cancelled automatically after an hour.
Each fully paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an "Order"). We will assign an order number to your Order when we accept your Order. Please refer to the order number whenever you contact us about your Order.
If we are unable to process your Order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion. Specifically, but without limitation, Cathay Photo reserves the right to cancel orders before delivery if products are not available or any error is detected.
The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Website at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any Product and to correct pricing errors that may inadvertently occur at any time without giving any reason or prior notice.
In the event that any Product has been mispriced on the Website, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
We may terminate the Order at any time by writing to you if:
You do not make payment to us when it is due;
You do not, within a reasonable time of our request, provide us with information necessary for us to fulfil the Order (e.g. delivery address); and
You do not, within a reasonable time, allow us to deliver the Order to you.
If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for products we have not provided after deducting or charging you a reasonable sum as compensation for the costs and expenses we will incur as a result of you breaking the contract.
We reserve the right to change any content or material on the Website at any time without notice. We are under no obligation to update the Website and do not warrant that any of the content or material on the Website is accurate, complete, reliable, current, or error-free at any given time.
We shall not be liable if for any reason the Website, or any portion thereof, is unavailable at any time or for any period.
We reserve the right to refuse any and all current or future access to and/or use of the Website without prior notice to you.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of our T&Cs for the Website, at any time without notice to you. It is your responsibility to check these T&Cs periodically for updates and changes. Your continued use of the Website means that you accept and agree to be bound by the prevailing terms of our T&Cs as updated from time to time.
Violation of our T&Cs
Cathay Photo may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these T&Cs or other agreements which may be associated with your use of the Website, if there has been a discontinuance or material modification of the Website or our Services, or if there has been an unexpected technical issue or problem.
You agree that Cathay Photo shall not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these T&Cs.
You further agree that any violation by you of these T&Cs will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cathay Photo, for which monetary damages would be inadequate, and you consent to Cathay Photo obtaining any injunctive or equitable relief that Cathay Photo deems necessary or appropriate in such circumstance, which are in addition to any other remedies Cathay Photo may have at law or in equity.
If Cathay Photo does take any legal action against you as a result of your violation of these T&Cs, Cathay Photo will be entitled to recover from you, and you agree to pay, all related costs and expense on an indemnity basis, in addition to any other relief granted to Cathay Photo.
Pricing: All prices are in Singapore dollars (SGD) unless otherwise stated.
Returns, Replacements and Refunds: Notwithstanding anything to the contrary, Cathay Photo shall only accept returns and grant replacements and refunds on the condition that the items being returned, replaced or refunded were purchased from the Website. Purchases of items other than from the Website are not eligible for returns, replacements or refunds under these T&Cs.
No Relationship: Neither these T&Cs nor your use and/or access of the Website creates any joint venture, agency, partnership, or employment relationship between you and Cathay Photo
Assignment: You may not assign these T&Cs or any rights or obligations under these T&Cs to any party. Cathay Photo reserves the right to transfer or assign these T&Cs or any right or obligation under these T&Cs at any time.
No Waiver: The failure or delay of Cathay Photo to enforce any right or provision of these T&Cs with respect to a breach by you or others shall not be deemed a waiver of such right or provision with respect to such breach or any subsequent or similar breaches.
Severability: In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.
Third Party Rights: A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or to enjoy the benefit of any term of these T&Cs.
Dispute Resolution: Any dispute arising out of or in connection with these T&C or to any products or services sold or distributed by Cathay Photo or through the Website, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The arbitration will take place in Singapore, and the language of arbitration shall be English. The arbitral tribunal shall comprise one arbitrator nominated jointly by Cathay Photo and you, or failing such joint nomination, by the President of the Court of Arbitration of the SIAC.
Any decision or award of the arbitral tribunal shall be final and binding upon the parties. The parties agree to waive (to the fullest extent permitted by law) any right of application or appeal to any court or tribunal of competent jurisdiction in connection with any question of fact or law arising in the course of any arbitration or from any arbitral award or order.
Governing Law: These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.
Any claim or dispute arising out of or relating to these T&Cs and/or your access to and/or use of the Website, which cannot be resolved through arbitration, will be subject to the exclusive jurisdiction of the courts of Singapore.