Terms & Conditions
Welcome to Light Makers’ website. Thank you for visiting us at www.lightmakers.com.sg and all other sites, mobile sites, services, applications, platforms and tools (collectively, the ‘Site’) which are governed by the following Terms and Conditions (this ‘Agreement’). The purpose of this Agreement is to set out rights and obligations, and other necessary matters between you as a registered member on the Site, and Light Makers Pte Ltd, the operator of www.lightmakers.com.sg, and its subsidiaries (“Company”) in connection to the usage of this Site and other e-commerce related services provided by the Site (“Services”). By accessing this Site, you hereby agree to be bound by this Agreement; therefore please read it carefully. As used in this Agreement, the terms “Light Makers”, “Us”, “Our” or “We” refers to the Company and its subsidiaries.
Definitions: In this Agreement, unless the context otherwise requires:
“Site” means www.lightmakers.com.sg and all other sites, mobile sites, services, applications, platforms and tools affiliated with it.
“You”, “your”, “User” means any natural person or legal entity who has agreed to become a registered member on the site.
“Agreement” means the Terms and Conditions which set out rights and obligations and other necessary matters between registered members trading products and/or services and the Company.
“Company” means Light Makers Pte Ltd and its subsidiaries.
“Services” means services in connection to the usage of the site and e-commerce related services provided on www.lightmakers.com.sg
“Password” means any combination of alphabets and numbers selected by the member and registered to the Company for the purpose of confirming the identity of member and protecting confidential information.
“User” means any natural person, member or legal entity who has applied to register and has been accepted by the Company to utilise the products and/or services of the listed on the Site.
“Business Day” means any day during which Services are normally provided by the Company, which excludes eve of public holidays and any public holidays in Singapore.
“Content” means submitting post reviews, comments, suggestions, ideas, questions and other information on the Site.
“IP” refers to creations of the mind, such as inventions; literary and artistic works; designs and symbols; names and images, logos and trademarks used in commerce
“Electronic Communication” means via emails, electronic records or other modes of electronic communication for the purposes of contact with the Company.
1. Information About Us
1.1 www.lightmakers.com.sg is a site operated by Light Makers Pte Ltd. We are registered in Singapore under the Business Registration Number 198700297D and with our registered office at 318 Jalan Besar S208976. Our GST Registration Number is M200752252.
2. Service Availability
2.1 Our site is mainly for use by people residing, businesses, and companies in Singapore ("the Serviced Country"). We do accept orders from individuals outside of the Serviced Country.
2.2 Your usage of this Site and Services provided by the Company will be governed by the following terms and conditions including applicable policies incorporated herein by way of reference.
3. Your Status
3.1 By placing an order through our site or on the telephone, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; or
3.1.2 You are a legally incorporated business or company in compliance with the laws of business corporations.
3.2 You are deemed to have acknowledged and agreed to be bound by the policies that are applicable to the Site.
3.3 This Site is not made available to persons who are categorized as incompetent to enter into a contract under Singapore law, including but not limited to minors, undischarged insolvents etc.
3.4 If you register as a business entity, you represent that you are duly authorized by the business entity to accept these Terms and Conditions and you have the authority to bind the business entity to the Terms and Conditions set out herein.
3.5 Accessing, browsing, or otherwise using the website indicates your agreement with all the terms and conditions. The Company reserves the right to terminate your registration or otherwise refuse access to the Site if it is brought to the Company’s attention that the User is in breach of these rules and regulations.
3.5 In the event where you disagree with the terms stated herein, please do not use the Services or this Site.
4. How the Contract is formed between You and Us
4.1 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.
4.2 All telephone and on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract between us (“the Contract”) will only be formed when we deliver the items to you.
4.3 Subjected to actual stock availability, item orders may be replaced with alternatives subjected to a verbal or written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel. If payment has been made, you will be refunded of the amount paid.
4.4 All orders placed online will be fulfilled within 2-3 business weeks unless otherwise advised. Business days exclude eve of public holidays and public holidays.
4.5 You are obliged to make payment in FULL by the payment option you select when you check out your orders.
4.6 Each batch of goods may differ due to manufacturing constraints. In the event if you are not satisfied with any products, you may return to us within 5 working days after delivery. The Product must be unused in the Original condition and it must not be a pre-order product. Please refer to our refund policy stated under "Our Refunds Policy".
5. User’s Responsibility
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. The Site may contain links to other sites operated by third parties. These links are available for your convenience and are intended to only enable access to these third-party sites and for no other purpose. We cannot give any undertaking that the products you purchase from companies to whose website we have provided a link will be of satisfactory quality. The Company does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness, and privacy settings for the purposes of usage of any such site.
5.2 You shall be solely responsible for maintaining the confidentiality of your Email Address, Password and other personal information in a safe and secure manner. In addition, you must notify us immediately of any unauthorized use of your account.
5.3 You will be required to provide information or material about your entity, business, products or services as part of the member account. Each User represents, warrants and agrees that:
5.3.1 Such information and material whether submitted during the registration process or thereafter throughout the continuation of use of the Site is accurate, true, current and complete;
5.3.2 You will undertake to maintain and promptly amend all information and/or material to keep it true, current and complete. We shall not be responsible or liable, directly or indirectly in whatsoever way for any loss or damages as imposed as a result of your failure to comply with this Section;
5.3.3 Users shall not remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
5.3.4 You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or communication sent by you to the Company through the Site. You shall not use false e-mail addresses or other mediums to falsely represent or impersonate another person or business entity to solicit the performance of any illegal activity or other activities which infringe the Company’s rights or third-party rights or otherwise mislead as to the origin of a card or other content;
5.3.5 You shall not transmit any chain letters, unsolicited commercial electronic messages, mass mailings, or any form of spam or junk email to other Users via this Site;
5.3.6 You shall not violate or attempt to violate the security of the Site, including, but not limited to, accessing data not intended for you or logging on to a server or an account that you are not authorized to access;
5.3.7 you shall not attempt to change the layout of the Site, or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
5.3.8 You shall not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Company’s software or Site, whether in whole or in part, or to create any derivative works from or of our software;
5.3.9 You shall not attempt, encourage, or try to gain unauthorized access or exceed the scope of authorized access to the Site, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Site, or solicit passwords or personal information for commercial or unlawful purposes from other users on the Site;
5.3.10 You shall not solicit gambling or engage in any gambling activity which we, at our absolute discretion view as being illegal;
5.3.11 You shall not commit or engage in any criminal offence or misconduct, transmit any virus or malware including, but not limited to, Trojan Horse, Worms, or post any material directly or indirectly which is malicious in nature, technologically harmful, in breach of confidence or in any way offensive or obscene; or hack into any part of the site, or corrupt data, or cause annoyance to other Users, or infringe upon the rights of any person’s proprietary rights, or send any unsolicited advertisement or promotional material, or attempt to affect the performance or functionality of any computer facilities or access throughout the Site.
5.3.12 You shall not engage in any activity that will likely create any liability for the Company or our subsidiaries;
5.3.13 You shall not initiate any transaction that may contravene any anti-money laundering legislation. Users hereby acknowledge and agree that the Company is obliged to comply with anti-money laundering legislation and you must provide us with any information we require before a contract comes into effect between the company and you; or
5.3.14 Each User accepts and agrees the Company will not be held liable or responsible for any damages, claims, liabilities, harm, costs, expenses, inconvenience, business disruptions of any kind that may arise as a result of or in connection with any risks incurred in transactions through this Site.
5.4 In the event such a breach occurs, the Company reserves the right to report the breach to the relevant law enforcement authorities and appropriate legal action will be taken. In order to keep the Company up-to-date, we may offer automatic or manual updates at any time and without giving notice to the User.
6. Price and Payment
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Our site contains a large number of Products and it is always possible that, 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.
6.3 We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have provided you with an email confirmation.
6.4 Goods and Services Tax (GST) in Singapore, Value-added Tax (VAT) is subject to the Company’s business jurisdiction. The Company will not guarantee the price of any listed items has incorporated the tax or duty incurred or otherwise.
6.5 You agree and accept responsibility to pay all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, fees and levies which are imposed on the products and/or services transacted.
7. Our Refunds Policy
7.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us that you do not agree to any change in these Terms and Conditions or in any of our Policies, or because you claim that the Product is defective, or you are not satisfied with the Product), we will examine the returned Product.
7.2 Following our examination, we will either replace the item (if returned owing to a defect) or provide you with an exchange. In the event that we agreed to a refund, we will refund any money received from you using the same method originally used to pay.
7.2 Products returned by you because of a defect or within the 5 days cooling-off period will be exchanged in full after delivery costs have been deducted.
7.3 A claim by you that the quantity of the Products delivered falls short of the quantity ordered shall be notified to us within 3 days from the date of delivery. If you do not notify us accordingly, we shall have no liability in respect of such shortfall and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.
7.4 The cost of return transportation is at your expense.
8. Our Liability
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
8.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
8.3 Unless otherwise stated, all products warranty will be covered by the respective brand owner.
8.4 The Company shall not be liable for any breach for any reason of any delay in carrying out its obligations due to any cause beyond our reasonable control, including but without limitation to, acts of god, explosions, floods, acts of restriction, regulations, by-laws, or measures of any kind on the part of governmental parliamentary or local authority, import or export regulations or embargoes, riots, terrorist attacks, war, interruptions in manufacturing or production, difficulties in obtaining raw materials, labour, fuel, parts, or due to any mechanical or machinery related breakdown.
9.1 All notices given by you to us must be given to email@example.com or at 318 Jalan Besar S208976. We may give notice to you either via an e-mail or postal address that you provided to us when placing an order.
9.2 When you use this Site or send emails, or any other form of communication to us, you agree and understand that you are communicating with us through electronic records and you consent to us receiving communication with you via email or any other mode(s) of communication.
9.3 We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
9.4 We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site and Services.
9.5 You agree to use this Site under the following conditions: you agree to defend, indemnify, hold harmless the Company and its respective directors, licensees, affiliates, subsidiaries, agents, officers, employees, from and against any claim, liabilities, losses, damages, inquiries, demands, suits, costs and expenses which include but are not limited to, reasonable legal fees and expenses arising out of or otherwise relating to your use of this Site or in connection with such transactions.
10. Events Outside our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 strikes, lock-outs or other industrial action;
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 impossibility of the use of public or private telecommunications networks; or
10.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
10.4 We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.4 All materials, information, software, products, services and other content contained in this website, or obtained from a linked site is provided to the User “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
11.5 The company has made reasonable efforts to post current and accurate information on this website; however, the company assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this website.
11.6 Under no circumstances will the company be liable for any loss or damage caused by the User’s reliance on information obtained through this website. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this website is solely at the User’s own risk.
11.7 Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some Users.
11.8 No provision in this Agreement shall be waived except pursuant to a written statement executed by the party against whom the waiver is sought. No party hereto is allowed to assign, delegate or transfer any rights or obligations under this Agreement to a third party without prior written consent of the other party.
11.9 You may not assign, transfer or sub-license any of your rights or obligations under this Agreement without the Company’s prior written consent. We shall not be held responsible for failure to fulfil any obligation beyond our control.
11.10 If you breach these conditions and we take no action against the breach, we will still be entitled to use our rights and remedies in any event where you breach these terms.
11.11 No failure or delay by the Company or you in exercising any right under this Agreement shall operate as a waiver of such right or extension to or affect any other subsequent event or impair any rights and remedies in respect of it or in any way modifies or diminishes the Company’s or your rights under these Terms and Conditions of use.
12.1 If any of these terms and conditions are deem severable or invalid by any competent authority under the relevant regulations and provisions, it shall not affect the enforceability of any remaining Terms and Conditions, all of which shall remain in full force and effect, as long as this Agreement shall be capable of continuing in effect without the unenforceable term(s).
12.2 On or at any time this Agreement is effective and enforceable, unless and until terminated by both parties (the Company and the User) upon mutual consent and accompanied by a written statement.
12.3 Upon termination of this Agreement, it shall be provided that you discontinue any further use of this Site and all product transactions that are in process must be completed, withdrawn, or cancelled, and any consequences arising out of such withdrawals or cancellations shall be borne by you.
12.4 The Company reserves the right to terminate this Agreement at any time and may do so immediately with notice in the event you have breached any obligation under the Agreement, related laws and regulations or otherwise.
12.5 Upon termination of this Agreement, you must promptly destroy all the materials downloaded or otherwise obtained from this Site, as well as all copies of such content, materials, information, whether made under this Agreement or otherwise.
13. Entire Agreement
13.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
14. Our Right to Vary these Terms and Conditions
14.1 We reserve the right and absolute discretion to revise and amend these Terms and Conditions from time to time without prior notice to you.
14.2 It is your responsibility to review these Terms and Conditions periodically for updates and changes.
14.3 Your continued use of the Site following any changes indicates your acceptance and agreement to the revisions. As long as you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Site.
14.4 You will be subject to the Policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those Policies or these Terms and Conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 5 working days of receipt by you of the Products).
15. Law and Jurisdiction
15.1 Contracts for the purchase of Products through our site will be governed by the Law of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.
15.2 This Site is controlled and operated by the Company. All material on this Site, including images, graphics, text, logos, page headers, button icons, audio-visual material, scripts, digital downloads, data compilations, software etc. are protected as intellectual property (IP) owned, controlled and licensed by the Company.
15.3 Its affiliates and third parties have licensed their material to the Company and are protected by Singapore’s laws governing intellectual property rights, as well as international IP regulations.
15.4 You may access, view, print and download all the related material on this Site for non-commercial use only or for your own personal usage.
15.5 You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary rights or information including, but without limitation to, images, text, page layouts or forms belonging to the Company without express written consent.
15.6 No license, right, title or interest in any material or software is transferred to you as a result of your usage of the Site, including reproduction, modification, distribution, transmission, republication, display, or performance, of the intellectual property within the Site. All material directly or indirectly located on this Site is to be used only for your own usage.
15.7 All other trademarks or images, logos or other materials not owned by the Company that appear on this Site are the property owned by third parties, who may or not be affiliated with, connected to, or sponsored by the Company.
15.8 If you believe that your intellectual property rights have been violated, please notify us and we will investigate.
15.9 By using the Company’s Services, you agree that this Agreement shall be governed by the laws of Singapore and strictly without regard to principles of conflict of laws. The relevant Singapore court shall be the competent court of first instance for any litigation arising out or other forms of dispute resolution arising out of disputes between the Company and the User in relation to the use of this Site.