1. Thank you for visiting modaart.sg (“the Site”), a business under Moda Ventures Pte
Ltd (Reg No: 201605684Z). Your access, viewing, and use of the Site and its affiliated
facebook page (“the facebook page”), is subject to the terms set out hereunder. Your access, viewing, or use of the Site and/or the facebook page indicates that you have read, understood, and agree to these terms. If you intend to access, view, or use the Site and/or the facebook page but have not familiarized yourself with the terms hereunder, you must do so before proceeding or continuing to access, view, or use the Site and/or the facebook page. If you do not agree to these terms, you may not access, view, or use the Site and/or the facebook page.
 
Intellectual Property
 
2. No material from the Site and/or the facebook page may be copied, downloaded,
reproduced, photographed, replicated, published, posted, transmitted, used or
distributed in any way, except with the express permission of Moda Ventures Pte Ltd.
Kindly be put on notice that photographs of artworks or products published on the Site and/or on the facebook page are original designs protected by intellectual property laws of Singapore and/or the laws of other relevant jurisdictions, including but not limited to copyright law and/or trademark. Copying, downloading, reproducing, photographing, replicating, publishing, posting, transmitting, using, or distributing said photograph or photographs constitutes an act of infringement which will render you liable to civil action and/or other forms of legal recourse open to Moda Ventures Pte Ltd.
 
3. Titles of artworks and products, logos, photographs, pictures, diagrams, designs,
layouts, graphics, words, phrases, features, fonts, and any and all materials featured on the Site and/or the facebook page may not be copied, downloaded, reproduced, replicated, published, posted, photographed, transmitted, used, or distributed in any way, except with the express written consent of Moda Ventures Pte Ltd. These are protected by intellectual property laws of Singapore and/or the laws of other relevant jurisdictions, including but not limited to copyright law and/or trademark. Copying, downloading, reproducing, replicating, publishing, posting, photographing, transmitting, using, or distributing said titles of artworks and products, logos, photographs, pictures, diagrams, designs, layouts, graphics, words, phrases, features, fonts, or materials featured on the Site and/or the facebook page constitutes an act of infringement which will render you liable to civil action and/or other forms of legal recourse open to Moda Ventures Pte Ltd.
 
4. If you copy, download, reproduce, replicate, publish, post, photograph, transmit, use or distribute any photograph of artwork, title of artwork or product, logo, photograph, picture, diagram, design, layout, graphic, word, phrase, feature, or font without the express written permission of Moda Ventures, you shall be liable to civil suit, damages, costs on an indemnity basis, and expense, for infringement of copyright, trademark, patent, or under any other applicable cause of action to be determined at the sole discretion of Moda Ventures Pte Ltd.
 
5. In the event that you are of the view that a photograph of an artwork or product, logo, photograph, picture, diagram, design, layout, graphic, word, phrase, material, or content featured on the Site or the facebook page infringes your intellectual property rights, you should inform Moda Ventures Pte Ltd immediately. If you intend to commence legal action against Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives for an alleged breach, contravention, or infringement arising out of or in connection with any such material featured on the Site or the facebook page, you shall first notify Moda Ventures Pte Ltd of your intention to do so, at least 30 days before the commencement of legal action, and endeavor to resolve the matter amicably by negotiation before the commencement of legal action.
 
Indemnity and Limitation of Liability
 
6. You agree to indemnify and hold Moda Ventures Pte Ltd, its directors, officers,
employees, agents, and representatives harmless from any and all claims, liabilities,
damages, costs and expenses arising from, related to, or in connection with your use of the Site and/or the facebook page, your violation of any law, your violation of the terms herein or the posting or transmission of any comment or material on or through the Site and/or the facebook page.
 
7. In the event that Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives are held to be liable in law for damages, costs, and/or expenses arising from, related to, or in connection with your use of the Site and/or the facebook page, your violation of any of the terms herein or the posting or transmission of any comment or material on or through the Site and/or the facebook page, their liability shall not exceed SGD200.00 in aggregate.
 
Solely for Commercial Purpose
 
8. You agree that your access, viewing, and use of this Site and/or the facebook page is solely for the purpose of viewing the marketed artworks and products with the intent to purchase the said artworks and products from Moda Ventures Pte Ltd. You shall not use this Site for any other purpose.
 
9. In the event that you post, publish, or upload comments, views, opinions, or any other content via the Site, the facebook page, or via a social media outlet including but not limited to twitter, you agree that such comments, views, opinions, or content shall not be defamatory, obscene, political, discriminatory, racially or religiously insensitive, in contempt of court, or in contravention of any applicable statute or law of Singapore or any relevant statute or law of any other applicable jurisdiction. In the event, that your comment, view, opinion, or content is defamatory, obscene, political, discriminatory, racially or religiously insensitive, in contempt of court, or in contravention of any applicable statute or law of Singapore or any relevant statute or law of any other applicable jurisdiction, and Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives is or are found to be liable for damages, costs, or expenses for hosting, publishing, transmitting, condoning, or distributing the same, you agree to indemnify Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives for any and all damages, costs, and expenses arising out of or in connection with the same. Any and all posting, publishing, or uploading of comments, views, opinions, or content on the Site, the facebook page, or social media outlet is done at your own risk and discretion and Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives shall not be responsible for the same.
 
Purchase of Artwork or Products
 
10. Purchase of any and all artwork or product advertised or marketed on this Site shall be subject to the terms of sales stated on the Site and/or put to you just prior to the payment page.
 
Notices and Documents
 
11. You agree that any and all notices or documents to you may be sent, issued, or
transmitted to you via email, post, courier, facebook, whatsapp, or by hand at the email address, postal address, facebook account, or telephone number furnished by you to Moda Ventures Pte Ltd.
 
12. All legal communications with Moda Ventures Pte Ltd shall be in the English language.
 
Data Privacy
 
13. You agree that any and all personal data provided or made known to Moda Ventures Pte Ltd either through use of this Site or otherwise may be collected, kept, stored, used, or disclosed, so long as such collection, keeping, storage, use, or disclosure is for the purpose or purposes arising out of or related to the use of this Site, and/or sale of any artwork or product advertised or marketed on this Site. You further agree that Moda Ventures Pte Ltd may disclose said personal data to its vendors, service providers, or affiliates for the purposes of providing you with the best service possible, which includes but is not limited to providing you with the latest updates on artwork and product being sold on the Site, providing you with the latest news and happenings related to art, artwork or product being sold on the Site, or events organized or publicized by or in conjunction with Moda Ventures Pte Ltd.
 
14. You agree that by furnishing your personal data to Moda Ventures Pte Ltd, you consent to receiving notices, updates, advertisements, marketing material, brochures,
catalogues, and other materials or documents by post, email, SMS, whatsapp, facebook, or otherwise. If you do not wish to receive the same, you must specifically notify Moda Ventures Pte Ltd of your wish not to receive such material by stating your name, address, email, and contact number, such that Moda Ventures may accurately ascertain your identity and remove your name, address, email, contact number, and/or any other personal data from our records. You agree that should you require your personal data to be deleted, retrieved, modified, or amended, you must give Moda Ventures Pte Ltd at least 6 months to do so.
 
Access and Use by Minor
 
15. You must be the age of majority i.e. 21 years old in order to access, view, and/or use the Site and/or the facebook page. If you are not, you shall either request for an adult to supervise (“the Supervisor”) your access, viewing, and/or use of the Site and/or the facebook page or cease to access, view and/or use the Site and/or the facebook page. In the event that the Supervisor consents to supervise your access, viewing, and/or use of the Site and/or the facebook page, you shall inform the said Supervisor to read and understand the terms found herein before proceeding or continuing to access, view, and/or use the Site and/or the facebook page.
 
16. In the event that the Supervisor consents to supervise the said minor’s access, viewing, and/or use of the Site and/or the facebook page, Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives, may choose to hold the Supervisor wholly or partly responsible and liable for the said minor’s acts, breaches,
contraventions, and/or infringements in relation to the minor’s access, viewing, and/or
use of the Site and/or the facebook page as if it were his own act, breach, contravention, and/or infringement. The Supervisor shall indemnify Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives, for any and all legal
consequences arising out of the said minor’s access, viewing, and/or use of the Site
and/or the facebook page.
 
Applicable Law and Jurisdiction
 
17. Any civil suit to be commenced by Moda Ventures Pte Ltd, its directors, officers,
employees, agents, or representatives may be preceded by a letter of demand claiming for damages to be determined at the sole discretion of Moda Ventures Pte Ltd; costs; expenses, including but not limited to fees incurred for legal advice and representation; compensation for the time and effort incurred by the management of Moda Ventures Pte Ltd in dealing with litigation and associated matters arising out of the breach, contravention or infringement of these terms; engagement of experts and associated costs, as well as other damages, expenses and costs it or they are entitled to claim for under law. Any such claim for the same may not be confined solely to the letter of demand, but may also be pleaded in pleadings or court documents such as to effect the making of such a claim before a court of law. Any defence conducted by Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives, against a suit commenced by you may also plead or claim in countersuit for the aforesaid heads of damages, expenses and costs.
 
18. You agree that any dispute arising out of these terms and/or the use of this Site and/or the facebook page shall be governed by the laws of Singapore and shall be resolved in a court of law in Singapore, or a forum in any jurisdiction of Moda Ventures Pte Ltd’s choosing.
 
19. The terms found herein constitute the entire agreement between you and Moda
Ventures relating to the use of the Site and/or the facebook page save where Moda
Ventures Pte Ltd agrees or consents to the variation, amendment, addition, or
subtraction of any term contained herein in writing and in express language.