Terms of Use (Agreement)

Last modified on: 22 April 2020

General Terms of Use  

Welcome to PartyDiva! This website and/or mobile applications (collectively, the “Platform”) is operated by PartyDiva.Co Pte Ltd (“PartyDiva”, “we”, “our” or “us”), we aim to provide quality, convenience and efficiency through our services. Please make yourself comfortable on our online Platform but do adhere to our Terms of Use as outlined below.

• Acceptance
  • This Terms of Use, and all other additional terms and/or additional policies (collectively known as the “Terms of Use”) posted on our site and mobile platforms set out the terms on which PartyDiva offers you access to and use of the PartyDiva’s Platform (collectively known as “Services”). All such terms are hereby expressly incorporated by reference in this Terms of Use. Please read these Terms of Use carefully before using Services. BY ACCESSING OR USING OUR SERVICES, YOU ACCEPT AND WILL COMPLY WITH THE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES. “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Platform and (2) persons for whom you make a purchase of Services.
  • PartyDiva reserves the right to update and/or change the Terms of Use from time to time where appropriate or necessary for the running of its business operations. It is your responsibility to check these Terms of Use periodically for changes. Your continued usage of PartyDiva’s Services after such changes shall be construed as an acceptance of any update or change. IF YOU DO NOT AGREE TO ABIDE BY THE REVISED TERMS OF USE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS OUR SERVICES.

• Privacy

We understand the importance of your personal information. Please review our current Privacy Policy, which is hereby incorporated by reference to this Terms of Use, to understand how your information may be used and processed. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

• Getting Started: Your Account with us

To start using our platforms and services, you will need to create an account with PartyDiva. Here are our house rules:

• • You shall adhere to and comply with all applicable laws (including but not limited to relevant intellectual property laws) and abide by all policies announced by PartyDiva. Subject to your full compliance with Terms of Use and additional policies announced by PartyDiva, we agree to grant you a limited, non-exclusive, non-transferable license to use or access to our Platform and Services, while PartyDiva may revoke this license at any time without prior notice to you if we reasonably believe you violate Terms of Use or your behaviour is like to harm PartyDiva and/or our business partner.
  • If you are under 18, you may use PartyDiva’s Services only with the permission and supervision of a parent or a legal guardian. You will be responsible for all account activity conducted by a minor on your account.
  • It is important that you provide and maintain honest, accurate and updated information about yourself. You may not use a false e-mail, impersonate any person or entity. You will be responsible for the provision of any false or misleading information through your account. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your PartyDiva account.
  • You are responsible for maintaining the confidentiality of your account, password, any payment information and for restricting access to your account. Please bear in mind that your account and profile is personal to you, and you shall not share your account information with, or allow access to your account by, any third party. You will be responsible for all account content and/or activities that occur under your account.
  • The Terms of Use or any of our additional policies DO NOT create any agency, partnership, joint venture, employment or franchisee relationship between you and PartyDiva.
  • PartyDiva reserves the right to refuse registration of or to cancel a PartyDiva account at its sole discretion

• Content
  • Your Content

You may post content or communicate using our Services. This may include reviews, comments, listing photos and descriptions, shop description, profile pictures, etc. And you agree that:

• 1. It is your responsibility to ensure that such content or communications are not (a) illegal, obscene, threatening, defamatory, harmful, fraudulent, deceptive, abusive, harassing, tortious, vulgar, libellous, or otherwise objectionable, (b) infringing any third parties’ right or violating any applicable law (including but not limited to the intellectual property law), and does not (c) involve commercial activities and/or sales without PartyDiva’s prior written consent, (d) constitute libel, impersonates any person or entity, and (e) contain any form of “spam”, software viruses, worm, time bomb, or other harmful computer code, file, or program, or anything that may harm or crash the Platform and Services.
  2. PartyDiva prides itself for providing non-threatening, user friendly services, and thus reserves the right (but is not obliged) to remove or edit any racist, intimidating, obscene, objectionable or any improper content you posted, or when PartyDiva is concerned that you may have breached any of the preceding representations, warranties or undertakings.
  3. By submitting content through our Services, you grant PartyDiva a non-exclusive, royalty-free, perpetual, irrevocable and sublicensable right to use, reproduce, modify, publish, distribute and display your content, in any media. And you promise that you own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize PartyDiva to use all proprietary or intellectual property rights in and to any content you posted or provide to PartyDiva by you to enable inclusion and use thereof as contemplated by the Platform and this Terms of Use.
  4. Any content that you publicly posted or privately transmitted through the Platform is the sole responsibility of you and that PartyDiva will not be liable for any errors or omissions in any such content. PartyDiva does not claim ownership, nor assumes any liability for content posted by you, and you will indemnify PartyDiva for all claims (should any) result from the content which you have submitted.
  5. You agree and authorize PartyDiva to use your personal data in accordance with the Privacy Policy in effect from time to time. We respect the intellectual property rights of our users. If you believe that your intellectual property rights are being infringed, please email us at legal@partydiva.co.

• Platform Content

All the materials and features created, presented or used on the Platform by PartyDiva (“Platform Content”), including but not limited to text, photographs, graphics, images, illustrations, video, audio, data, code, logo, trademark, any intellectual property rights and other materials is the proprietary property of PartyDiva or the licensors who license PartyDiva to use such materials, which:

1. 1. are protected by the relevant intellectual property laws, and PartyDiva may change, modify or remove any Platform Content without giving prior notice to you;
   2. any unauthorized use of Platform Content will result in a legal action taken by PartyDiva against you. You promise that, in no event will you use, reproduce, translate, transmit, broadcast, sell, assign, create derivative works based on or in any other way exploit Platform Content in a way that harms PartyDiva or the licensors who license PartyDiva to use such materials, or in any way that violates any third party rights;
   3. you acknowledge and agree that PartyDiva cannot guarantee the identity of any other users with whom you may interact with in the course of using the Platform; and PartyDiva cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide;
   4. to the fullest extent permitted by law, PartyDiva are not liable in any way for any Platform Content, including but not limited to any errors or omissions in the Platform Content. You shall be solely liable for any losses or damages suffered by any person as a result of your use or access to the Platform Content.

   5. shall not engage in any misleading, inappropriate, racist, offensive, intimidating, harassing, illegal, obscene or objectionable conduct which violates PartyDiva’s anti-discrimination policy or any of Policy when performing this Agreement and providing services to the Buyer. This applies to all the Vendor’s activities, including but not limited to: 

      
      (i) Information provided on the Vendor’s account and profile; 
      (ii) Information provided in the Vendor’s product/service listings, content or images; 
      (iii) Works and/or results generated from the services provided by the Vendor. For the Vendor who provides the services involving photo-taking, it (including any personnel engaged by the Vendor) is not allowed to take the photo(s) containing nude, obscene, violent, inappropriate or illegal content and shall be responsible for preventing the Buyer or any participant to do so.
      (iii) Any communication made between the Parties, or between the Vendor and any of PartyDiva’s users.

• Use of our Services
  • We are happy that you have chosen to use PartyDiva’s Services. Through the Platform, you may purchase products or services offered by the third parties vendors (the “Vendors”) and, vary amongst the individual Vendor’s policy, you may receive a confirmation letter of your purchase contain further details. The Services that have been selected by you on Platform are solely for your own personal and non-commercial use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the Platform, any Services offered by PartyDiva by itself or on behalf of the Vendors the Platform.
  • Although PartyDiva aims to provide a global platform for buyers and Vendors to interact and transact conveniently, it is important to understand that PartyDiva is NOT a party in any sale transaction conducted using our Services, and is purely acting as a platform which provides an opportunity for their users to create a transaction related to gifting or celebration event. This would mean two things: Firstly, that you are responsible for reading the full item listing before making a commitment to purchase. Secondly, that PartyDiva cannot guarantee any product quality, description or photographs used in shop listings on PartyDiva, and thus will not assume any liability for the quality or fitness of any product sold.
  • PartyDiva does not guarantee that the Services will always be available, uninterrupted or error-free. We will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services.
  • You acknowledge and agree that any products, items, materials or any other works to be rendered by PartyDiva or Vendor for the performance of a transaction is for your own personal and non-commercial use only, and may not otherwise be copied, create derivative works based on, re-sold, re-distributed or framed, or otherwise used whether for compensation of any kind or not, without prior written permission. You also agree that you shall not in any way utilize or take advantage of our Services for the purpose which is related to business or professional activity of you and/or which is aimed at directly or indirectly gaining any financial benefits.
  • PartyDiva may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. PartyDiva will not assume any liability for the consequences of any such changes or discontinuance and is under no obligation to compensate for any losses which may arise. PartyDiva may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability on our own discretion if we consider it necessary.

• Obligations
  • You are responsible for all of your activity in connection with using the Platform and/or the Services. You further represent, warrant and undertake to PartyDiva that:
    • You agree that you will not violate any laws (local or international) in connection with the use of PartyDiva’s Services. PartyDiva does not assume any liability for your conduct, and you agree to indemnify PartyDiva for all claims resulting from your use of our services;
    • You are responsible for all fees owed to PartyDiva, and you shall ensure that a valid payment method has been associated with your account;
    • You understand that you will enter into a legally binding contract to conduct a transaction on the Platform. This means that you are legally obliged to perform your obligation under such transaction, i.e., making full payment to the Vendors if you are the buyer, or deliver qualified product to buyer on time if you are the Vendors.
    • If you are the buyer, you are in particularly responsible for collecting and/or payment any applicable taxes for any purchase you make through our Services, subject to the Seller expressly agreeing to absorb any taxes. Further, you are also responsible for the provision of accurate shipping information to the Vendors.
  • You acknowledge and agree that the following activities are prohibited:
    • Create multiple or more than one PartyDiva account;
    • Harassing, or sending of any racist, intimidating, obscene or objectionable content, or otherwise violating this Terms of Use, Privacy Policy or any Additional Policies announced by PartyDiva;
    • Uploading of content which is false, deceptive or misleading, racist, intimidating, obscene
    • Interfering with a transaction or business of another user;
    • Sending unsolicited advertising or “spam”;
    • harm our systems with any software viruses or download, and may not reverse engineer, tamper with or attempt to bypass any security associated with the PartyDiva Software;
    • Carrying out any act or engaging in any conduct which would harm and/or interfere with PartyDiva’s Services, Platform or reputation.
    • Any other conduct which would potentially undermine the integrity of PartyDiva’s online platform services

• Users’ Reviews
  • To facilitate the improvement of our Services, the buyers are encouraged to leave honest, non-malicious and non-misleading reviews on the Seller’s review page regarding the purchased product(s). However, by leaving a review, you acknowledge and agree that:
    • You will be solely responsible for any content you provide or submit;
    • Your review(s) and profile information will be publicly displayed on the Seller’s listing and review page. Such content will be considered non-confidential and PartyDiva is under no obligation to treat it as proprietary information;
    • you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such content to or through the Platform;
    • Reviews should not contain: (1) confidential information; (2) racist, threatening, intimidating or vulgar language; (3) contain advertising or spam; (4) violate our Terms of Use, Privacy Policy or any Additional Policies; (5) or any words which threaten to harm the integrity of our reviews system or Services.
    • you grant PartyDiva the full, perpetual, free, transferable and irrevocable rights to all submitted content. PartyDiva reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
  • Vendors are more than welcome to address negative reviews and should ensure that their responses comply with this policy. Both buyers and Vendors may report reviews that violate any part of the Terms of Use, Privacy Policy or any Additional Policies or the applicable laws.

• Termination
  • This Terms of Use and any of Additional Policies shall remain in full force and effect while you use the Platform or the Services.
  • You may terminate your PartyDiva account anytime, via your account settings. Do note that some of your content may still subsist on our platforms, if they were uploaded prior to your termination.
  • If we believe that you are abusing our Services, or acting in breach of this Terms of Use, or in breach of any of our Additional Policies, or under any circumstance that we consider it’s necessary, we may terminate, suspend or limit your account(s) and access to our Platform and Services, at any time, without prior notice.
  • Upon termination of your PartyDiva Account, your right to use the Services, access the Platform, and any Platform Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to disclaimers of warranty and limitations of liability.

• Cancellation and Return
  • The Vendors, not PartyDiva, is the offeror/provider of the products or services you purchase through the Platform, to which the transaction correspond to, and is solely responsible for accepting or rejecting any products or services you order, as related to all such products or services. The buyers shall directly consult with the Vendors for any request or complaints in respect of the cancelation or change of the transaction between the buyers and Vendors.
  • Vary amongst the individual Vendor’s return policy (outlined in their Shop policies), buyers may request to return the product and ask for a refund. However, for customers residing in the European Union, you may be entitled to a right to return an item within 14 days of receiving the item.

• Disclaimer of Warranties and Limitations of liability
  • PartyDiva cannot and will not make any warranties about the quality, fitness, safety and legality of the products or services sold through our Services. This is because the listing, description, manufacture, storage and inspection of the products are carried out by independent Vendors on our marketplace. Hence, any legal claim arising from a product or services which you have purchased must be brought directly against the respective Vendors, further addressed in Section 10 under the heading “Dispute Resolution”.
  • Our Services, information and content made available to you by Party Diva is on an “as is” and “as available” basis (except as expressly stated by us).  Your use of our Services and platform is solely at your own risk. We DO NOT guarantee: (a) the accuracy, timeliness or completeness of all data/information contained within our Services; (b) that the use of our Services will be uninterrupted, secure and error-free; (c) that our Services are free from any viruses or destructive materials.
  • In no case shall PartyDiva, our directors, managers or employees be liable for any injury, damages or claim, including but not limited to direct, indirect, incidental, punitive, and consequential damages arising from the use of our Services, from this Terms of Use, any of our Additional Policies, or from any information, content, materials, products made available to you through our Services.
  • If you are dissatisfied with the Platform, do not agree with any part of this Terms of Use or our Additional Policies, or have any other dispute or claim with or against PartyDiva or another user of the Platform with respect to this Terms of Use, our Additional Policies or the Platform, your sole and exclusive remedy against PartyDiva is to discontinue use of the Platform.
  • In any event, to the fullest extent permissible by the applicable law, our liability, and the liability of any member of PartyDiva, to you or any third party in any circumstance arising out of or in connection with the Platform shall be capped at one hundred ($100.00) Singapore Dollars in the aggregate for all claims.

• Interaction with Third Parties
  • Our platforms may link you to third-party sites on the Internet, or include references to information, documents and/or services provided by third parties. These sites may contain information or material which some people may deem inappropriate, offensive or misleading. PartyDiva does not assume any control on these third parties and sites and is under no obligation to become involved You agree that we are not responsible for the accuracy, intellectual property compliance, legality, decency, or any other aspect of the contents of such sites.
  • When you access to such third-party sites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third-parties’ sites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use and our Additional Policies.
  • Your interactions with organizations and/or individuals found on or through the Services or the Platform including but not limited to the Vendors, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
  • You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You further acknowledge and agree that you will not hold or seek to hold PartyDiva responsible for the services, products or content provided by any Vendors or third parties.
  • You may also use our Services to communicate with other users online. However, PartyDiva assumes no liability in relation to any of your communications with other users. It is important that you be careful and exercise good judgement in all your interactions. Further, PartyDiva is not responsible for any of the content posted by other users, which you may chance upon during the use of our Services.
• Disputes
  • Dispute between users. Users who are unable to solve a dispute relating to a sale transaction performed using our Services may notify us via mediation@partydiva.co. Please provide us with as much information as possible, i.e. screenshots, receipts and other references, to assist us in dealing with you case. PartyDiva will, as a mediator, try (but are under no obligation) to resolve inter-user disputes in good faith and based solely on our interpretation of our terms and policies, in our sole discretion.
  • Dispute with PartyDiva. PartyDiva strives to maintain a good relationship with all its users. Hence, if you are unhappy with us, feel free to contact us at legal@partydiva.co.
  • Should you be in dispute with another user, or PartyDiva, we encourage that you try to resolve the dispute amicably. However, if there are remaining issues, the following rules will apply for any legal dispute involving our Services:
    • Applicable Law and Jurisdiction. By using any of our Services, you agree that any dispute between you and PartyDiva, this Terms of Use, and any Additional Policies, will be governed by and interpreted in accordance with the laws of Singapore.
    • Dispute Resolution. All disputes arising between you and PartyDiva shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force. You and PartyDiva further agree that following the commencement of arbitration, there will be an attempt in good faith to resolve the dispute through mediation at the Singapore International Mediation Centre (“SIMC”) in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

• Indemnity
  • You agree to indemnify and hold PartyDiva (including our subsidiaries, affiliates, partners, directors, managers and employees) harmless from, including but not limited to all damages, liabilities, reasonable legal fees, any claim or demand, made by any third party due to or arising out of your breach of this Terms of Use, your use or access of our Services and Platform, your breach of any law and/or the breach of any agreement and rights of a third party.
  • Party may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of PartyDiva without our prior written approval

• Miscellaneous
  • If any of the terms shall be deemed invalid or void, or unenforceable by law, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
  • You are not entitled to assign or transfer your rights and obligation under the Terms of Use or any Additional Policies except with PartyDiva’s prior written consent.
  • No waiver by PartyDiva of any breach, default or condition hereunder shall be deemed as a waiver to any other preceding or subsequent breach, default or condition

• Additional Policies
  • Anti-Discrimination and Anti-Harassment Policy
    • Treating any individual differently or unfairly on the basis of race, colour, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, medical condition, military status, or any other protected class, characteristic, or consideration made unlawful under the applicable is illegal and prohibited. PartyDiva and any users of the Platform shall not harass or discriminate against other users based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics, in any of its activities or operations. These activities include, but are not limited to, conducting a transaction, provision of services, and communication.
    • PartyDiva is committed to providing a delightful shopping environment free from any form of unlawful harassment or discrimination for our users. If you believe you are harassed or discriminated against, or you observe or suspect any harassment or discrimination, please inform us at legal@partydiva.co , we will take appropriate corrective action to address that situation. Each case will be reviewed carefully by PartyDiva with the opportunity to be heard and to present any information each party thinks is relevant or important for consideration. Anyone who violates this policy will be subject to disciplinary action as specified under this Terms of Use, PartyDiva will reach reasonable conclusions based on the information collected and inform each party, and such conclusion will be the final decision of the case.
  • Any other policies announced from time to time by PartyDiva which may apply to you under certain circumstance, such as:
    • Rules for Sellers: If you list any items for sale through our platforms and services, the Vendor’s User Agreement will apply to you;
    • Fees and Payments Policy: If you conduct a transaction through the Platform and Services, you shall refer our Fees and Payments Policy for more information on payment and fees terms;

• Talk to us!

If you have any questions about the Terms of Use, additional policies, or suggestions which you would like to share with us, or you cannot find the answers of your questions regarding our Services and Platform, please email us at legal@partydiva.co .