Updated: 08 April 2024
Welcome to Light Makers. These Terms and conditions of service are a legally binding contract between Light Makers, Inc. and its affiliates (collectively, "Light Makers", "we," or "us") and “you” (“your,” or “User”). The Terms of Service explain how you are permitted to use the services provided by and through our platform, our websites (including without limitation www.lightmakers.com.sg), our associated internet properties (either linked by Light Makers and/or by affiliated companies) and any software that Light Makers may provide to you for download, including in your mobile devices (all of these virtual properties and applications, collectively, the “Site,”). These Terms of Service also govern your use of all the text, data, information, software, analytics, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services and products we may provide through the Site. Collectively, the Site, the Materials, and the services provided by Light Makers are referred herein to as the “Service”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING "I AGREE", CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING THE LIGHT MAKERS PRIVACY POLICY (COLLECTIVELY, THESE "TERMS"). If you are not eligible, or do not agree to these Terms, then please do not use the Service.
- Parties to this agreement
- Use of the Service
- Registration
- User responsibilities
- Privacy policy
- Ordering and Payment Terms
- Product prices
- Delivery
- Cancellation and returns
- Changes to the Service and this Agreement
- Jurisdiction and Settlement of Disputes
- Language of this Agreement
1. Parties to this agreement
This User agreement (referred to hereinafter as the Agreement) contains the terms and conditions of the use of lightmakers.com.sg web service (referred to hereinafter as the Service) owned by Light Makers Singapore (referred to hereinafter as the Service Provider). When a person (referred to hereinafter as the User) completes the registration process or orders product/s, he or she agrees to this Agreement.
Contact details of the Service Provider:
Light Makers Singapore / lightmakers.com.sg
318/318A Jalan Besar, Singapore 208976
2. Use of the Service
2.1. The Service is intended for private individuals, institutions and companies who live / which are located in the countries listed on the Service website.
2.2. Return policy does not apply to orders made by institutions or companies.
2.3. You must be eighteen or older to order products from the Service.
2.4. Everything in the Service, including images, drawings, sound, graphics and text, is protected by worldwide copyright and other proprietary laws and treaty provisions. Service Provider grants you a limited license to access and make personal use of this site, and not to download, except where specifically invited, nor to duplicate, sell or modify, any portion of this site without express written authorization from the Service Provider.
3. Registration
3.1. The User can register by filling out the registration form and choosing a username and password. To register, the User must provide his/her real name, address, phone number/ mobile phone number and e-mail address. In addition to information mentioned above, institutional and corporate customers must include the company registered number.
3.2. By registration, the User warrants that he/she has read the provisions of this Agreement, agrees to these provisions and pledges oneself to comply with these provisions.
3.3. The User ordering on behalf of a company warrants that he/she has sufficient authority to order the items in question and bind that company to this Agreement.
3.4. Registration is free of any charges.
4. User responsibilities
4.1. The User accepts responsibility for all activities that occur under his/her account or password. The User is solely responsible for maintaining the security of his/her password.
4.2. The User warrants to the Service Provider that the information he/she provides during the registration process (and any notification of change of such information) is true and correct.
4.3. The User warrants that he/she is over 18 years old.
5. Privacy policy
5.1. Service Provider is committed to respecting the User's privacy as set in the Singapore law of data protection and privacy. See our privacy policy.
6. Ordering and Payment Terms
6.1. After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product.
6.2. Online orders are subject to acceptance by us, and we will confirm such acceptance to you via email. The contract between us (“the Contract”) will only be formed when we deliver the items to you.
6.3. Unless otherwise agreed by the Service Provider, payment must be received by the Service Provider prior to acceptance of an order.
6.4. Service Provider reserves the right to reject any order in its sole discretion.
7. Product prices
7.1. The product price is the price displayed for the item on the Service at the time of ordering. Despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site we might at our discretion decide to honour the lower (incorrect) price or either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
7.2. Delivery charges vary depending on the shipping destination and are stated for each order at check-out.
7.3. All the product prices are displayed in Australia Dollars (A$), Canadian Dollars (C$), China Yen (¥), Euros (€), Hong Kong Dollars (HK$), Indian Rupee (₹), Japan Yen (¥), Malaysia Ringgit (RM), New Zealand Dollar (NZ$), Norwegian Krone (kr), Pound Sterling (£), Singapore Dollars (S$), South Korea won (₩), Swedish Krona (SEK kr), Swiss Franc (CHF) or United States Dollars (USD $) according to the foreign currency selected.
7.4. Taxes and Duties
7.4.1. Singapore orders are shipped customs cleared and the prices are including GST and duties. Deliveries to customers outside Singapore may be subject to further taxes and duties. All non-EU (European Union) countries are shipped to on a DDU (Delivered Duty Unpaid) basis, which means that all product prices displayed are exclusive of all taxes and duties. Light Makers does not determine or collect these fees. Light Makers is not responsible for potential import duties and local taxes and we cannot refund any orders that are returned to us due to non-payment of duty.
7.5 Following your placement of an order through the Service, Light Makers may send an email or otherwise acknowledge that the order has been received; however, unless expressly stated therein, this does not signify confirmation of a product’s price or availability or indicate that the order has been accepted or shipped. While Light Makers strives to include accurate information and descriptions (including prices, images, specifications, and availability) of products on the Service, it does not warrant that such information is accurate, complete, reliable, current, or free of errors. Light Makers reserves the right, but is not obligated, to modify, correct, or update information relating to any products available through the Service at any time in its sole discretion, without prior notice. If you receive a product which is not as described on the Service at the time of your order, your sole and exclusive remedy is to return the unused product as permitted.
8. Delivery
8.1. Delivery charges vary depending on the shipping destination and are stated for each order at check-out.
8.2. Delivery times vary from product to product. Delivery time is determined by the availability of the product and order destination.
8.3. Service Provider shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control (force majeure), including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
8.4. Service Provider takes responsibility for the loss and damage of the product occurred during the delivery.
8.5. Except as otherwise set forth herein or in any applicable Additional Terms, the risk of loss for and title to products purchased on or through the Service passes to you upon delivery to the carrier. For more information about shipping and delivery of products ordered through the Service, please review the Shipping and Refunds page, which is hereby incorporated by reference into these Terms, or contact our Customer Service team.
9. Cancellation and returns
9.1. The User (except institutions and companies) has a thirty-day right to return or exchange a product according to Light Maker’s Return Policy. This return policy does not extend to products which are produced or altered according to the customer’s wishes.
The customer has a right to return a product if
1. The order has been cancelled according to the terms and conditions by notifying Light Makers Singapore within 30 days of delivery,
2. The product has not been used,
3. The product is in the condition that the customer received it in and all the parts of the product are included in the package and
4. The product has been repackaged into its original package or an equivalent.
9.3. The product must be returned immediately after cancellation.
9.4. When returning products User will be responsible for the risk of damages.
10. User Content
10.1. User Content Generally. Certain features of the Service may permit users to post content, such as product reviews, images, photos, video, images, text, and other types of works (collectively, "User Content") and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
10.2. License Grant to Light Makers. By posting or publishing User Content, you grant Light Makers a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free right and license (with the right to sublicense) to use, copy, host, store, transfer, display, publish, perform, reproduce, modify, translate, create derivative works of and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) at its sole discretion. Any such use of your User Content by Light Makers may be without (i) any notice to you; (ii) any crediting to you; or (iii) any compensation paid to you.
10.3. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: (a) you are the sole author, creator, and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Light Makers and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 7 and in the manner contemplated by Light Makers and these Terms; (b) you waive all moral rights that you may have in your User Content that may prevent or contradict use of your User Content as contemplated by the Terms; (c) you will not knowingly submit User Content (i) that is false, inaccurate, or misleading; (ii) that violates any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iii) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, corporation, or other entity; (iv) for which you were compensated or granted any consideration by any third party; (v) that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; or (vi) that contains any computer viruses, worms, or other potentially damaging computer programs or files; and (d) your User Content, and the use of User Content as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate these Terms or our Privacy Policy; or (iii) cause injury to any person or entity.
10.4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Light Makers may, however, at any time and without prior notice (i) screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable or (ii) refuse to post or remove any User Content for any reason. Light Makers does not guarantee that you will have any recourse or ability through Light Makers to edit or delete any User Content that you post or publish. You acknowledge and agree that you are solely responsible for any User Content that you post, submit, or publish and none of such User Content shall be subject to any obligation of confidence on the part of Light Makersor its agents, subsidiaries, affiliates, partners, suppliers, or third-party service providers and their respective directors, officers, and employees. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Light Makers with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Light Makers does not permit copyright-infringing activities on the Service.
11. Intellectual Property Infringement and the Digital Millennium Copyright Act
11.1. We respect the intellectual property rights of others and encourage You to do the same. Accordingly, we have a policy of removing any content that violates intellectual property rights of others, suspending access to this Service (or any portion thereof) to any user who uses this Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Service in violation of someone’s intellectual property rights.
11.2. Pursuant to the Digital Millennium Copyright Act, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of or material posted on the Service, you may reach out to us at support@lightmakers.com.sg
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
11.3. Light Makers will promptly terminate without notice the accounts of users that are determined by Light Makers to be "repeat infringers." A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice.
12. Prohibited Conduct
12.1. Your rights to use the Service are expressly conditioned on your agreement not to:
- use the Service for any purpose other than for Your personal use only, solely as permitted by the provided functionality of the Service and these Terms and our Privacy Policy;
- use the Service for any illegal purpose, or in violation of any local, state, provincial, national, or international law, including, but not limited to, applicable privacy laws;
- unless expressly permitted, copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify, create derivative works of, sell, license or in any way exploit any part of the Service;
- violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- bypass or interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine User Content or any other Materials from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
- interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Light Makers makes available the means for embedding any part of the Service, such as materials related to products listed on the Service.
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted in the Terms or any Materials or any right or ability to view, access, or use any Materials; or
- attempt to do any of the foregoing in this Section 9, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 9.
13. Third-Party Services and Linked Websites
13.1. Light Makers may provide tools through the Service that enable you to export information to or allow you to link your account on Light Makers with an account on a third-party service, such as Pinterest or Twitter, or through our implementation of third-party buttons (such as "Pin It" or "share" buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. These third-party services are not under our control, and we are not responsible for their use of your exported information. The Service may also permit third parties to sell products through the Service or contain links to third-party websites. Those third parties and linked websites are not under our control, and we are not responsible for their actions, products, or content. As such, we recommend that you carefully review their privacy policies and terms of use.
13.2. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Light Makers, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service or cancel orders (subject to a refund of any payments you have made with respect to unfulfilled orders) at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at sales@lightmakers.com.sg. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
14. Privacy Policy; Additional Terms
14.1. Please read the Light Makers Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Light Makers Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
14.2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 13. All of these Additional Terms are hereby incorporated by reference into and made a part of these Terms.
15. Changes to the Terms
15.1. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we will require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
16. Ownership; Proprietary Rights
16.1. The Service is owned and operated by Light Makers. The Materials (including visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services), and all other elements of the Service provided by Light Makers are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Light Makers or our third-party licensors. Except as expressly authorized by Light Makers, you may not make use of the Materials. Light Makers reserves all rights to the Materials not granted expressly in these Terms.
17. Indemnity
17.1. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Light Makers and its officers, directors, employees, consultants, affiliates, subsidiaries, suppliers, service providers, and agents (collectively, the "Light Makers Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any representation, warranty, or agreements referenced in the Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
18. Disclaimers; No Warranties
THE SERVICE AND ALL PRODUCTS, MATERIALS, AND CONTENT AVAILABLE FROM OR SOLD THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIGHT MAKERS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL PRODUCTS, MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE LIGHT MAKERS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY PRODUCTS (INCLUDING PRICES, PRODUCT IMAGES, SPECIFICATIONS, AVAILABILITY, AND OTHER DESCRIPTIONS THEREOF), MATERIALS, OR CONTENT OFFERED OR MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
IF YOU ARE NOT SATISFIED WITH ANY PRODUCT ORDERED THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE UNUSED PRODUCT AS PERMITTED PURSUANT TO SECTION 5 OF THESE TERMS.
NOTWITHSTANDING THE FOREGOING, CERTAIN SUPPLIERS OR PROVIDERS OF PRODUCTS SOLD THROUGH THE SERVICE MAY SEPARATELY PROVIDE LIMITED WARRANTIES WITH RESPECT TO THEIR PRODUCTS SOLD THROUGH THE SERVICE. THE DISCLAIMERS IN THIS SECTION 16 DO NOT APPLY TO SUCH PRODUCT WARRANTIES PROVIDED SEPARATELY BY THE SUPPLIERS OR PROVIDERS. PLEASE REVIEW THE RETURNS POLICY OR CONTACT LIGHT MAKERS CUSTOMER SERVICE TEAM FOR INFORMATION REGARDING SUCH SPECIFIC PRODUCT WARRANTIES AND THE AVAILABILITY THEREOF.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LIGHT MAKERS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19. Limitation of Liability
IN NO EVENT WILL THE LIGHT MAKERS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUE, COST OF REPLACEMENT GOODS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LIGHT MAKERS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LIGHT MAKERS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS, PRODUCTS, SERVICES, OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO LIGHT MAKERS FOR THE SERVICE OR PRODUCT TO WHICH YOUR DISPUTE RELATES IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $50.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Changes to the Service and this Agreement
Service Provider reserves the right to make changes to the Service, policies, and this User Agreement at any time.
21. Jurisdiction and Settlement of Disputes
This User Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of Singapore. Any contractual disputes are primarily settled through negotiations, in other cases disputes are settled at the Court.
22. Language of this Agreement
The parties have agreed that this Agreement and related documents shall be written in English.
