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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. 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 .



Last modified on: 14 April 2020

Vendors’ Terms of Use

This Agreement sets out the parties’ rights and responsibilities and states the terms and conditions under which the Vendor may use the services provided by PartyDiva.Co Pte Ltd (“PartyDiva”). The Vendor is obliged to review and comply with all the terms and conditions stated in this Agreement including PartyDiva Privacy Policy found in ANNEX A, PartyDiva Non-Disclosure Agreement in ANNEX B (collectively, the “Agreement”).  By using PartyDiva’s website (the “Website”) and/or any related services (both online or otherwise, as the case may be, collectively the “Services”), including but not limited to opening an account with PartyDiva, you are hereby agreeing to be bound by the terms and conditions under this Agreement.

Our services are designed to provide a fair and safe trading platform for buyers (the individual or entity who purchase the item, product or services from the Vendor on PartyDiva’s Website, the “Buyer”) and sellers/vendors around the world. As a vendor, you are obliged to review and comply with the terms and conditions under this Agreement and any additional policy announce by PartyDiva’s from time to time (collectively, the “Policy”). PartyDiva also provides limited protection to the Vendor under the terms of this Agreement. The Vendor is also requested to review these policies before you list any item using our services, so as to help you avoid violating or being in contravention of any rules. Failure to obey any terms and conditions under this Agreement and/or Policy may result in PartyDiva taking certain actions, including but not limited to removing and/or suspending any of the Vendor’s listings and/or accounts or limiting the Vendor’s selling privileges.

 

PartyDiva reserves the right to update and/or change the Policy from time to time where appropriate or necessary for the running of its business operations. In such an event of any material change in the Policy, we will inform you accordingly via the Vendor’s Dashboard and you are responsible for reviewing and being familiar with any such changes. It is Vendor's responsibility to regularly check the dashboard to ascertain if there are any changes to the Policy and to review such 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 Policy, do not use or access or continue to use or access the Services. 

 

  1. Access and Use of the Services

 

  • Ownership of Platform Content

The term “Platform Content” used in these Agreement refers to all the materials and features created, presented or used on the PartyDiva's Website by PartyDiva, including but not limited to text, photographs, graphics, images, illustrations, video, audio, data, code, any intellectual property rights and other materials. The Vendor acknowledge and agree that all of the Platform Content is the proprietary property of PartyDiva or the licensors who license PartyDiva to use such materials, which are protected by the relevant intellectual property laws, any unauthorized use of Platform Content or PartyDiva’s right will result in a legal action taken by PartyDiva against the Vendor. PartyDiva may change, modify or remove any Platform Content without prior notice to the Vendor.

  • Provision and Accessibility of Service

Subject to the Vendor's compliance with this Agreement and Policy, PartyDiva hereby agrees to grant the Vendor a limited, non-exclusive, non-transferable license to use or access PartyDiva's Website and the Services, and PartyDiva may revoke this license at any time without prior notice to the Vendor.

  • Use of Platform Content

The Vendor promises that, in no event will you use, reproduce, translate, transmit, broadcast, sell, assign, create derivative works based on or in any other way exploit the Platform Content in a way that harms PartyDiva or the licensors who license PartyDiva to use such materials. You also undertake not to massively copy, save or download any Platform Content in any form. In addition, you agree that you will bear all risks arising out of your use or access to any Platform Content. 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

 

  1. Code of Conduct

 

The Vendor’s liability:

  • Adhere to and comply with relevant intellectual property laws and all applicable laws and abide by all PartyDiva Policies.
  • To maintain honest and accurate information on your vendor account and profile. All Vendors must be 18 years or older to use PartyDiva’s services. Your Vendor 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 are solely responsible for any and all account content and/or activities conducted through your vendor’s account.
  • Respond to queries in a timely manner, and honor the Policies, shipping and processing time as stated on the Vendor’s listings.
  • Deliver the product, item or services as ordered by the Buyer punctually and completely. Should the Vendor be unable to complete an order, the Vendor must promptly notify the Buyer and make a full refund following the Policy if payment has been made.
  • Accurately represent the items, products and/or services in the listings and listing photos. The Vendor is encouraged to be transparent and shall not, at any time, make any misrepresentations about the quality and fitness of the listed products and/or services, location and method of manufacture of the listed products, and any other information which is reasonably deemed to be important in assisting the Buyer in making a decision to purchase. The Vendor shall be solely responsible for the quality, fitness and/or merchantability of its listed products and/or items and/or services. The Vendor hereby confirms that it is authorized and/or owns the right to sell all listed products and/or items. Any replacement of a defective product and/or item shall be at the Vendor’s own cost.
  • 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: 
      1. Information provided on the Vendor’s account and profile; 
      2. Information provided in the Vendor’s product/service listings, content or images; 
      3. 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.
      4. Any communication made between the Parties, or between the Vendor and any of PartyDiva’s users.
  • Be responsible for protecting all personal information received or processed in the course of the Vendor’s communications and ensure  compliance with ANNEX A as well as all relevant legal laws governing the usage of such personal information including, but not limited to, using any personal information obtained for the Vendor’s own marketing and/or advertisement and/or usage for a purpose other than what was intended for the provision of such personal information.
  • To be clear and thorough about the Vendor Policies, terms of the transaction, and/or terms of delivery, especially regarding the acceptable forms of payment, postage costs and return/refund policy.
  • Amicably resolve disputes with the buyer. Should this fail, the Vendor may reach out to PartyDiva via mediation@partydiva.co. The Vendor is required to provide PartyDiva with as much information as possible regarding the dispute, i.e. screenshots, receipts and other references. PartyDiva will attempt (but are under no obligation) to resolve inter-user disputes in good faith and on the sole basis of PartyDiva’s interpretation of the relevant terms and policies being disputed.
  • The Vendor acknowledges that PartyDiva lists a wide variety of products and/or items, some of which are listed by other vendors, which may be competitive with the Vendor’s own listed products and/or items. In such an event, PartyDiva’s relationship with the Vendor shall not restrict any such marketing and/or sales activities.
  • The Vendor agrees to allow PartyDiva to make reasonable non-exclusive use of the trademarks, trade names and/or logos associated with the Vendor’s listed products and/or items for PartyDiva’s normal marketing, marketing and/or advertising of the Services.

 

  1. Prohibited Conduct

The Vendor is prohibited from engaging in the following types of conduct (the “Prohibited Conduct”):

  1. Listing the same products with a lower price on any other platform, providing the better deal, or inducing the Buyer to conduct transaction off the Website in private before the initial or the original transaction on PartyDiva is made. The Buyer's contact number shall only be released to the Vendor in the booking and order after the payment has been made.
  2. Listing any products and/or items that infringe any patent, trademark, copyright and/or other proprietary rights whosesoever; or listing any regulated products and/or services without having such license when listing.
  3. Listing products and/or services which may be racist, vulgar, threatening, inappropriate, obscene or target any specific individuals or groups.
  4. Listing any products, item or services which involves any scam, multi-level marketing, ransom, slander or harassment or other offensive or irrupting content.
  5. Harassing or sending of any racist, intimidating, obscene or objectionable content.
  6. Interfering with a transaction or business of another user. This would include doing anything which would have the effect of interfering with another user’s account in order to drive the user’s business away.
  7. Sending unsolicited advertising or “spam” to another user.
  8. Uploading of content which is false, deceptive or misleading, racist, intimidating, obscene.
  9. Attempting to manipulate vendor reviews through harassment, threats, bribery, or by directly or indirectly contributing false, misleading or inauthentic content.
  10. Any other conduct which would potentially undermine the integrity of PartyDiva’s online platform services.
  11. Disclosing, at all times, the terms of this Agreement and/or any confidential information arising from the conduct of this Agreement including, but not limited to, matters of technical nature belonging to PartyDiva and/or its business such as trade secret processes, know-how, formulas, inventions (whether or not patentable or subject to copyright), specifications and characteristics of products or services, methods, policies, markets, sales, suppliers, customers, product plans, marketing concepts or strategies, and/or any other information not generally disclosed to the public; or breaching any terms of the Non-Disclosure Agreement stated in ANNEX B. This obligation shall apply even after the termination and/or conclusion of this Agreement.
  12. Carrying out any act or engaging in any conduct which would harm and/or interfere with PartyDiva’s services and/or online platform.
  13. Create multiple or more than one account on PartyDiva’s online platform.
  14. Engaging in price fixing of similar items and/or products and/or services with other Vendors.

 

  1. Vendors Representations, Warranties and Undertakings
  1. The Vendor shall use PartyDiva’s Website and its Services fully and only in accordance with this Agreement and Policy; should the Vendor engage in any of the prohibited conduct or breach this Agreement or Policy, PartyDiva reserves the right to remove any listing which may relate to the aforesaid Prohibited Conduct, suspend or terminate the involved vendor account, report to the relevant authorities, and/or seek the necessary recourse by commencing legal proceedings if such conduct is prohibited by law.
  2. The Vendor promises to provide the competitive package and pricing which are prevailing against or at least equivalent to their own platform regarding their product or services to PartyDiva.
  3. The Vendor agrees to indemnify and hold harmless the PartyDiva and its affiliates against all claims, actions, liabilities, losses, damages, costs (including all legal and attorney fees) and expenses suffered or incurred by or against the PartyDiva or otherwise arising as a result of or in connection with any alleged third party infringement or/and the failure of the Vendor to comply with the laws, ordinances, regulations, codes, this Agreement and the Policy.

 

  1. Disclaimer and Limitation of Liability
  1. To the fullest extent permitted by law, you agree that PartyDiva, its affiliate and its directors, senior managers, officers, employees and agents of such personnel are not responsible for any of the Vendor's direct, indirect, special, incidental, punitive, exemplary or derivative damages arising out of their non-compliance of this Agreement and Policy and their use of the Website or other acts of negligence.
  2. To the fullest extent permitted by law, you agree that if you are not satisfied with the PartyDiva's Services, your sole remedy is to stop using the Services. In any event, if PartyDiva have any liability to the Vendor, the maximum amount of compensation is the total amount that Vendor paid to PartyDiva within the 12 months prior to the Vendor's initial claim.
  3. The Vendor acknowledges and agrees that PartyDiva is purely acting as a platform which provides an opportunity for their users to create a transaction related to gifting or celebration event. The Vendor shall be solely responsible for all its behaviors while using PartyDiva’s Services and Website and any dispute between the Vendor and its counterparty.
  4. The Vendor acknowledges and agrees that any transmission to and from PartyDiva's Website is not confidential and communications may be read or intercepted by others. The Vendor further acknowledges and agrees that by submitting communications to PartyDiva or the Buyer and by posting information on the Website, including products, items or services' content, no confidential, fiduciary, contractually implied or other relationship is created between the Vendor and PartyDiva other than pursuant to this Agreement and Policy.

 

  1. Shipping Policy

The Vendor is liable for the shipping of sold items to the Buyers and shall agree to the following shipping terms:

  1. Ensure that the shipping costs and processing times are made clear to the Buyer prior to the conclusion of each sale transaction.
  2. Ensure that each product is shipped within 14 working days (exclusive of any holiday and weekend which are not considered as a working day under this Agreement) of purchase, unless otherwise highlighted to the Buyer. The Vendor shall also ensure that the product is shipped to the right address, as specified on the Buyer’s PartyDiva account.
  3. Comply with all local and international shipping and customs regulations. The Vendor shall agree to take full responsibility for any non-compliance of the applicable regulations.
  4. Provide the Buyer with accurate tracking information and retain any receipts or valid proof of shipping.

 

  1. Payment
  1. Fees payable to PartyDiva

         With regards to vendor fees payable to PartyDiva, the Vendor shall pay the following fees (the “Fees”) to PartyDiva:

    1. Listing Fee: The first 5 listings are free. USD $0.25 for each will be charged from the sixth listing. If the Vendor’s bank’s currency is not USD, the amount may differ based on the prevailing bank exchange rates at the time of the transaction. Notwithstanding the above, PartyDiva reserves the right to unilaterally adjust, waive or revoke the waiver of the listing fee at its own discretion considering the Vendor’s business nature.
    2. Transaction Fee: Once the listing is sold, the transaction fee will be the equivalent of 15% of the “Sale Price” (The “Sale Price” means price excludesall taxes or the cost; minus any shipping fee, delivery price, handling fee or other administrative fee set by the Vendor.)
    3. The Fees shall be calculated based on the Sale Price and shall be paid to the PartyDiva without the deduction of any tax, bank or other payment systems’ charge. Please note that additional PayPal fees will be charged to the Vendor for the said transaction. Any contravention of this obligation shall entitle PartyDiva to terminate such user and/or Vendor’s account without prior notice.

 

     b.  Payment Schedule

    1. PartyDiva will deduct the transaction fee and then release the balance to the Vendor’s PayPal account within 24 hours if there is no contest or dispute of such transaction.
    2. Once the transaction is made, the payment paid by the Buyer will be spilt to both PartyDiva and Vendor’s PayPal respectively and will be deposited directly to the Vendor’s PayPal account which will be linked to a bank account nominated by the Vendor. If there are any deposits stipulated by the Vendor, such deposits will be transferred immediately to the Vendor’s PayPal account while the balance payment will be released to the Vendor upon the completion of the transaction/delivery. The payment transfer will be cut off at 3 PM GMT+8 every working day.
    3. The Vendor is requested to provide the accurate bank account details in the payment setting page, and show the proof of such bank account and any other documents which PartyDiva believe is necessary to verify the Vendor’s qualification to PartyDiva.
  1. Returns and Refund Policy
  1. Should returns be acceptable, the Vendor must clearly specify its return and refund policy in its listing page and highlight the condition required to the Buyer prior to the transactions to avoid the misunderstanding or dispute. The required condition for returns and refund might including but not limited to that the returns will only be accepted if the item is unused or in its original packaging, the time period in which returns will be accepted, who bears the cost of the return postage, and the mode of issuing the refund.
  2. The returns and refund policy are only between the Vendor and the Buyer. While dealing with the returns and refund, the Vendor shall provide the proof of delivery of its product, item or services, and the Buyer shall provide the proof of payment. The Vendor is solely responsible for resolving the dispute or complaint regarding the returns and refund. Should the Vendor is unable to resolve within 14 working days or the Buyer already took an action against PartyDiva which cause or might cause adversely affect to PartyDiva, PartyDiva reserves the rights to intervene and mediate and in such case the Vendor shall compensate up to double the amount of such Sale Price by PartyDiva’s request.

 

  1. Shop Closure and Termination of the Account
  1. The Vendor may close his/her shop via the account settings, and PartyDiva’s system will take approximately 72 working hours to process this request. However, the permissibility of shop closure will be subject to any unresolved cases and payment of overdue fees.
  2. The Vendor is required to request for a shop closure, before the termination of his/her account. Once PartyDiva has processed and accepted this request, the Vendor may then terminate his/her account at any time.
  3. Should the Vendor abuse PartyDiva’s services or act in breach of this Agreement and/or Policy, PartyDiva reserves the right to terminate, suspend or limit the Vendor’s account(s) and access to the services, at any time, without prior notice at PartyDiva’s own discretion.

 

  1. Terms and Termination of Agreement
  1. This Agreement shall remain effective indefinitely until terminated by PartyDiva. PartyDiva shall have the right to terminate this Agreement, and the Vendor’s access or use of the Site, at any time in its sole discretion, and without prior notice.
  2. This Agreement will be automatically terminated by PartyDiva if the Vendor’s account(s) be terminated either voluntarily or by PartyDiva. In the event of the termination under this section, the Vendor will be entitled to any unwithdrawn balance found in his/her Paypal account set up with PartyDiva. This transfer will be made within 7 working days after the dispute or complaint to be resolved or the termination of this Agreement (whichever is later).
  3. The provisions of this Agreement that, by their nature, must be survived after the termination, shall survive the termination of this Agreement.

 

  1. General Clauses
  1. Governing Law and Jurisdiction - This Agreement shall be governed and construed in accordance with the laws of Singapore and subject to the jurisdiction of the Singapore Courts.
  2. Severability - Any provision found to be unlawful, void or for any reason unenforceable, shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions.
  3. Entire Agreement - This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements, arrangements or understandings between the parties with respect to that subject matter. Unless expressly excluded or limited, references to “written”, “in writing” or such similar form of the word shall include electronic mail.
  4. Assignment - This Agreement shall not be assignable or transferable by the Vendor except with PartyDiva’s prior written consent.
  5. Waiver – 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.

 

ANNEX A: PRIVACY POLICY

Last modified on: 11 March 2020

 

We at PartyDiva loves our community and it is extremely vital that you not only have a pleasant experience on our platform but also feel comfortable and safe while doing so.

This Privacy Policy supplements our Terms of Use and explains how we handle information collected and received in the course of your use of Services (capitalised terms used herein shall have the meaning as provided in our Terms of Use, unless as otherwise set forth below). This Privacy Policy applies when you use our Services and Platform and we offer our users choices about the data we collect, use and disclosure of your information in this Privacy Policy.

Please read this Privacy Policy very carefully before using our Services and Platform. By using our Platform and Services, you agree and consent to the collection, processing, usage and disclosure of your Personal Information as set out in this Privacy Policy.

 

INFORMATION WE COLLECT AND RECEIVE

We may collect and receive information from you in the following situations: -

  1. When you register for an account with us (“Account”);
  2. When you choose to connect your Account with an external third-party service or application i.e. Facebook, Instagram;
  3. When you use the features and functions available on our Platform and Services, for example, by creating listings, interacting with other users through our chat feature, or transacting with other users;
  4. If you contact us, for example, with a query or to report a problem;
  5. When you register for a survey, campaign and/or contest;
  6. When you interact with us offline or through an external third party.

You are under no obligation to provide the information to us, however, if you do choose to withhold any information or to revoke permission for us to receive the information, we may be unable to provide certain aspects of our Services to you.

By providing us with any information relating to a third party i.e. information of your spouse, children, parents, and/or employees, you represent to us that you have obtained the consent of the third party to provide us with their information for the respective purposes.

We may collect and receive the following information. Please note that not all of our Services collect all of the information listed below:

  1. Account credentials such as username;
  2. Profile information such as, name, gender, email address, profile photo, mobile number, date of birth;
  3. Location information such as last known location, meet-up location;
  4. Any other information disclosed by you in any of the above-mentioned methods and/or through the use of our Services;
  5. Aggregate data collected through the use of our Services.

PartyDiva will retain your information as needed to provide you Services and will retain and use your information as necessary to comply with our legal obligations, resolve disputes and/or enforce our agreements.

 

YOUR INTERACTIONS WITH OTHERS

Our Platform and Services offer features which allow users to connect and communicate in groups which are public or semi-public, and to share information with each other to complete a transaction. Please use common sense and exercise good judgment when sharing information in these groups or with others. We generally do not monitor or remove the information which you share, and such information may remain available on our Services after your Account has been deactivated, terminated or is otherwise closed. You are responsible for the information you choose to share in these groups or with other users.

 

HOW WE USE THE INFORMATION WE COLLECT

We may use the information collected and received for the following purposes:

  1. To verify your identity, update our records and generally maintain your Account with us;
  2. Provide our Services and customize the content shown to you;
  3. Develop, operate, improve, deliver and maintain our Platform and Services;
  4. Responding to your queries and resolving complaints;
  5. Carry out polls, surveys, analysis and research on how our Services are being used and how we can improve them;
  6. To update you on your listing and our Services (i.e. new offers, new chats, new feedback, new comments). These updates will be sent by email and/or through push notifications and you can choose to unsubscribe from these updates at any time by sending a ticket through the Customer Service tab on the page of your Account;
  7. To send you marketing and/or promotional materials on the latest products and services of PartyDiva or carefully selected third parties. These updates will be sent by email and/or through push notifications and you can choose to unsubscribe from these updates by sending a ticket through the Customer Service tab on the page of your Account. These updates may also be communicated to you through text messages and/or voice calls if you have indicated that you wish to receive such updates through these methods;
  8. To send you service-related messages, including without limitation, a welcome/confirmation email when you register your Account and to enforce our Terms of Use and other additional policies. These messages are not promotional in nature. These messages will be sent by email and/or through push notifications and you may not opt out of receiving service-related messages from PartyDiva unless you deactivate your account.
  9. Perform functions or services as otherwise notified to you at the time of collection.
  10. To provide you a more tailored online advertising experience, PartyDiva has in place, tools and services use to create advertisements, to deliver advertisements to devices on behalf of advertisers, to monitor the success of and manage advertising campaigns and to present you with advertisements that are more likely to be interesting and relevant to you. Delivering ads that are tailored to user’s interest is known as “interest-based advertising”or at times referred to as “behavioral advertising”. For more information on interest-based advertising including to understand what opting-out means and you opt our choices for your devices, including computer browsers and mobile browsers and devices, please see below on “PartyDiva Opt-Out”.
  11. If you are a member of our survey panel, your information may also be used to manage your panel membership, send you service-related messages, new survey opportunities and, updates on your rewards and incentives. These updates will be sent by email and/or through push notifications and you can choose to unsubscribe from these updates by sending a ticket through the Customer Service tab on the page of your Account. These updates may also be communicated to your though text messages and/or voice calls if you have indicated that you wish to receive such updates through these methods.
  12. To provide and carry out cross-application and cross-device advertising (i.e. advertising across browsers and applications on a single device, as well as cross-device advertising), advertising delivery and reporting. information includes information described above and data and collected from a particular computer, browser or device and may be used with another computer, browser or device that is linked to the computer, browser or device on which such data was collected.

 

PEOPLE WHOM WE SHARE YOUR INFORMATION WITH

We may share information about you in the following ways:

  1. When you register for an Account, the information which you make available on your profile may be viewed by other users of our Platform and Services. Other users of our Platform and Services would also be able to view the contents which you upload and share on our Platform.
  2. We may share the information with our affiliates and with third party service providers who assist us in performing certain aspects of our Services on our behalf, such as processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in other tasks. Such service providers will only have access to your personal information to the extent necessary to perform their functions.
  3. To successfully complete your request, or otherwise implement our Services and business or fulfill our obligations. We may share your information with our director, employee, professional counsel, operators, buyer or third parties who is necessary to know the information for them to perform their obligation or otherwise act on our behalf.
  4. We may share the information with our potential partners, investors and other parties with a view to a potential business partnership, collaboration, joint venture or otherwise in furtherance of our business.
  5. In addition to other information described in this Privacy Policy, we may collect and share with third party data management platforms or advertising and analytics partners precise location information. This location information may be used by itself, aggregated, or combined with mobile identifiers (such as IDFAs and Android IDs), and shared with third parties for purposes related to advertising, analytics, attribution (e.g., measuring ad performance), analytics and market research.
  6. We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or crime or to protect our Services or the rights, property or personal safety of any person

We respect your privacy and we will not sell your personal information to any third party. We may disclose data and aggregate statistics about users of our Services and sales to prospective partners, advertisers, sponsors and other reputable third parties in order to describe our Services, deliver targeted advertisements or for other lawful purposes, but these data and statistics will not include information which can be used to identify you from the “Profile” tab of your Account, you may opt out of us sharing the anonymous information listed above by sending a ticket through the Customer Service tab on the page of your Account.

 

TRANSFER OF INFORMATION

If you are in the European Union, Canada or Australia, information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Union, Canada or Australia. By using our Services, you expressly agree and authorize us to use your information in Singapore and other countries where PartyDiva operates. We will ensure that your information is transferred in accordance with this Privacy Policy and protected in accordance with applicable laws on personal data protection (including, but not limited to, the Personal Data Protection Act 2012 of Singapore).

 

PROTECTING YOUR INFORMATION

The security of your information is important to us. We have security measures in place to protect against the loss, misuse and alteration of information under our control. We also follow generally accepted industry standards to protect the information transmitted to us over the Internet, both during transmission and once we receive it. Sensitive information (such as credit card numbers) are encrypted using secure socket layer technology (SSL). However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

It is important that you protect against unauthorised access of your Account and information by choosing your password carefully, and keeping your password and Account secure (e.g. by signing out after using our Services).

 

ACCESSING AND UPDATING YOUR INFORMATION

You may at all-time access, correct, erase and update your information within our Services through the “Profile” tab of your Account; you can also withdraw your consent to us using the data for marketing purposes at any time.

Where you provide personal information about yourself to us, you are responsible for providing accurate, not misleading, complete and up-to-date information about yourself and any other person whose personal information you provide us, and to update this personal information as and when it becomes inaccurate, misleading, incomplete or out-of-date.

In certain circumstances, you may need to provide to us personal information about someone other than yourself. If so, we rely on you to inform these individuals that you are providing their personal information to PartyDiva, to make sure they consent to you giving us their information and to advise them about where they can find a copy of this Privacy Policy.

If you wish to:

  • Apply for a copy of the information we hold about you; or
  • Withdraw consent you previously provided to us to use, collect or disclose the information we hold about you, or
  • Exercise any rights related to your personal information under the applicable law.

Please contact our Personal Data Protection Officer at legal@partydiva.co .

Please allow us a reasonable period of time to respond to any request and effect any change. We may ask to verify your identity and for more information about your request. Where we are legally permitted to do so, we may refuse your request and may give you reasons for doing so.

Where you have requested for a copy of the information we hold about you, we may charge a reasonable administrative fee to cover the costs of responding to your request. If we decide to do so, we will provide you with a written estimate of such fee beforehand.

 

TRACKING TECHNOLOGIES

We use tracking technologies on our Platform. These enable us to understand how you use our Platform and Services which, in turn, helps us to provide and improve our Services and Platform. However, the tracking technologies do not access, receive or collect information which can be used to identify you. We have listed below some examples of the tracking technologies used on our Services.

Cookies. A cookie is a small data file sent from a website to your browser that is stored on your device. Cookies are used for a number of purposes, including to display the most appropriate content based on your interests and activity on our Services, estimate and report our Service's total audience size and traffic, and conduct research to improve our Services. You can configure your device's settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of our Services.

Clear Gifs. Clear gifs are tiny graphics with a unique identifier similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages.  We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Platform to, among other things, track the activities of Platform visitors, help us manage content, and compile statistics about Platform usage. We and our third party service providers also use clear GIFs in emails to our customers, to help us measure email response rates, identify when our emails are viewed, and determine whether our emails are forwarded.

Flash cookies. We use Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on our Services. These are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored

 

PARTYDIVA OPT-OUT

We may deliver personalised and/or targeted advertisements (each, a “Targeted Ad”) to you in the course of your use of our Services and/or though a variety of advertising networks and exchanges

You may opt out of behavioural tracking and/or interest-based advertising through our Platform by sending a ticket through the Customer Service tab on the page of your Account. Your changes to such opt-out setting may take 24 hours to become effective

Please note that if you choose to “opt out”, we will not use information we have collected about you to deliver Targeted Ads, but it does not opt you out of being delivered advertisements. You will still receive generic, non-targeted advertisements. You may still be served advertisements for other reasons, such as:

  1. Your age, gender or location;
  2. Personalized and/or targeted advertisements from other third party and not delivered by PartyDiva through your mobile and/or web activities.

Please also note that even though PartyDiva does not share your personal data (other than hashed or device identifiers, to the extent they are personal data in some countries) with any advertising networks and exchanges without your consent or unless as specified in this Privacy Policy, when you view or interact with an advertisement via any of your devices, an advertiser or advertising network or exchanges can infer that you are within their target audience; or when you click on an advertisement, the publisher and/or advertiser will know you visited the page that you clicked on and may still be able to associate personal data collected by such third parties directly from you through their cookies and similar tracking technologies.

 

CHANGES TO THIS PRIVACY POLICY

We reserve the rights to update to this Privacy Policy to reflect changes to our information practices at any time, and all changes will be posted here. If we believe that the changes are material, we will notify you of the changes by posting a notice on our Platform or by email, and you are responsible for reviewing the latest information on our privacy practices Your continued use of our Platform and Services constitutes your acceptance of the updated Privacy Policy. If you do not agree to abide by the revised Privacy Policy, do not use or access or continue to use or access the Platform and Services.

 

THIRD PARTY SITES AND RESOURCES

Our Services may, from time to time, contain links to external sites or resources which are operated by third parties. We have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.

 

CONTACT US

If you have any questions, complaints, concerns or comments on our Privacy Policy, we welcome you to contact us by sending an email to legal@partydiva.co . Your indication at the subject header would assist us in attending to your email speedily by passing it on to the relevant staff in our organisation. For example, you could insert the subject header as "Accessing Personal Data".

 

ANNEX B: NON-DISCLOSURE AGREEMENT

 

THIS AGREEMENT is entered into with effect from above stated date between PartyDiva.Co Pte Ltd hereinafter called “PartyDiva”, and the “Vendor”.

 

Unless expressly excluded or limited, references to “written”, “in writing” or such similar form of the word shall include electronic mail.

 

RECITALS

PartyDiva and the Vendor have certain proprietary information of possible commercial interest to each other. PartyDiva wishes to disclose proprietary information to the Vendor, subject to conditions of nondisclosure and confidentiality.

 

THEREFORE, in consideration of the mutual promises and upon the conditions set forth herein, PartyDiva and the Vendor agree as follows:

 

  1. Confidential Information.

“Confidential Information” as used herein means all non-public and/or trade secret information disclosed or to which access is provided, directly or indirectly, in writing, electronically, or orally, or by inspection of tangible objects, by PartyDiva. Confidential Information may include, but shall not be limited to, ideas, concepts, secret inventions, processes, principles of operation, formulae, patterns, drawings, prints, proposals, devices, computer software, customer information, marketing strategies, pricing details, compilations of other related information, records and specifications. Without prejudice to the generality of the foregoing, Confidential Information shall include only that data and information which:

  1. has been reduced to tangible form and marked conspicuously with a legend identifying its confidential or proprietary nature; or
  2. with respect to any oral communication, is designated as confidential immediately before, during, or within 30 days after the oral communication, and such confidential designation is subsequently confirmed in writing; or
  3. taking into account the nature of the information and circumstances pertaining to its disclosure, ought reasonably to be regarded as Confidential Information. 

All Confidential Information is provided “AS IS” and “AS AVAILABLE” without any warranty (express or implied) of any kind, including, without limitation, accuracy, completeness, non-infringement, fitness for purpose, quality and merchantability. Nothing herein shall be construed as a commitment by any Party to disclose any Confidential Information, to commence or continue negotiations or to enter into any contract or business relationship.

  1. Disclosure.

The Parties hereby agree that their disclosure of Confidential Information to each other shall be subject to the terms and conditions of this Agreement.

  1. Obligations of Reciprocal Party.

       In consideration of the disclosure of Confidential Information by PartyDiva, the Vendor agrees to the following conditions:

  1. The Vendor shall keep the Confidential Information as strictly confidential and shall not directly or indirectly, in any way, disclose, make accessible, publish, disseminate or transfer any Confidential Information of PartyDiva to any third party without the prior written permission of PartyDiva; and
  2. The Vendor shall not reverse engineer, disassemble or decompile any prototypes, software or other tangible objects that embody Confidential Information of PartyDiva or discover any source code or algorithms; and
  3. The Vendor will disclose the Confidential Information to only those of its officers, directors and employees (each a “Relevant Person”) who have a legitimate need-to-know in order to carry out the Purpose (as defined below).  Prior to disclosing the Confidential Information to a Relevant Person, the Reciprocal shall have obtained the agreement of such Relevant Person to maintain the Confidential Information confidential as provided herein; and
  4. The Vendor shall use the same degree of care, but in any case no less than a reasonable degree of care, to prevent unauthorized use, dissemination or publication of the Confidential Information, as it uses to protect its own information of a similar confidential nature; and
  5. The Vendor shall only use the Confidential Information for the purposes of facilitating business dealings, operations, cooperation or discussions between the Parties (each a “Purpose”).
  1. Term.

The term of this Agreement shall commence as of the Effective Date and shall continue for three (3) years. The obligations in Clauses 3, 6e and 7 shall survive the termination or expiry of this Agreement.

  1. Nonconveyance of Proprietary Rights.

All intellectual property rights (including the unimpeded right of application) of whatever nature (including, without limitation, copyright, patents, trademarks and registered designs) relating to the Confidential Information of PartyDiva, and to the matters referred to therein as well as derivatives there-from, which PartyDiva may now own or may later obtain relating to the Confidential Information, are vested in PartyDiva. Each Party acknowledges and agrees that: (a) as between the Parties, the Confidential Information of PartyDiva is and shall remain the sole and exclusive property of PartyDiva and (b) no copyright, patent, trademark, registered design or other proprietary right is licensed, granted or otherwise transferred by this Agreement or any disclosure hereunder except for the right to use such Confidential Information in accordance herewith.

  1. Representations and Warranties

PartyDiva.co Pte Ltd exclusively owns all rights, titles, and interests in and to PartyDiva’s Project; PartyDiva has not granted and will not grant any licenses or other rights to the Project to any third party; the Project is free of any liens, encumbrances, security interests, and restrictions on transfer; to Reciprocal Party s knowledge, the Intellectual Property that is assigned as part of the Project does not infringe Intellectual Property Rights of any third party; and there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the Project. 

  1. Exceptions to Confidentiality.

The Vendor’s obligations to maintain the Confidential Information of PartyDiva in confidence and not to use the Confidential Information other than for a Purpose shall not apply with respect to any of the following embodied within the Confidential Information:

  1. Information which is disclosed through public use or in printed publications, but only apply to the extent that the public disclosure is through no fault of the Vendor and provided that Confidential Information shall not be deemed to be in the public domain merely because a part of the Confidential Information is embodied in general disclosures or because individual features, components or combinations thereof are now or become known to the public.
  2. Information which the Vendor can show, by clear and convincing evidence embodied within written documents, was in the Vendor’s possession at the time of disclosure by PartyDiva. 
  3. Information disclosed to the Vendor by a third party without a duty of confidentiality.
  4. Information which is independently developed by the Vendor without reliance on the Confidential Information of PartyDiva.
  5. Information legally required to be disclosed by a court or governmental agency. Provided, however, that if the Vendor receives a subpoena or other order relating to the Confidential Information of the PartyDiva, it will, to the extent legally permissible, promptly notify the PartyDiva and cooperate with PartyDiva in opposing such action if PartyDiva requests.

 

  1. Return of Materials.

Upon a written request by PartyDiva, the Vendor shall within ten (10) working days of such request return (or destroy at PartyDiva’s election) all copies (in whatever media) of PartyDiva’s Confidential Information, and any other notes, memoranda or documents prepared by or in possession, custody or control of the Vendor relating to any of the Confidential Information and certify in writing its compliance with this requirement.

  1. Remedies.

In the event the Vendor breaches any of its duties and obligations under this Agreement, remedies at law may be inadequate, and PartyDiva shall be entitled to injunctive and other equitable relief against any continued disclosure or use of the Confidential Information.

  1. Singapore Law and Complete Agreement.

This Agreement shall be governed by and construed in accordance with the laws of Singapore.  This Agreement is the only agreement between the Parties relating to its subject matter, and there are no other representations, warranties or other understandings between the Parties with respect to such subject, except as expressly set forth herein. 

  1. Dispute Resolution.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

  1. Counterparts.

This Agreement may be executed in counterparts, all of which shall constitute one agreement between the Parties. Each counterpart signed by a Party and delivered by electronic mail or facsimile transmission shall have the same force and effect as the delivery of original signatures. For the avoidance of doubt, in the case of execution by way of counterparts, this Agreement shall not be deemed to be concluded until the last of such counterparts shall have been executed.

  1. Severance.

If any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired, unless the provisions held invalid, illegal or unenforceable shall substantially impair the benefits of the remaining provisions hereof.

  1. Amendments.

 No amendment or variation of this Agreement shall be effective unless in writing and signed by or on behalf of each of the Parties.

  1. No Third Party Rights.

Apart from Affiliates, 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 of its terms.

 

-END-

 

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