Terms and Conditions
Description of Site
This Site allows you to post content, such as photos, videos, comments and links, and also transact business with various online retailers ("Retailers"). Anything that you post or otherwise make available on our Site is referred to as (the "Postings"). You retain all rights in, and are solely responsible for, the Postings you put up on Clozette.
You warrant and attest that by using the Site, you are confirming that you meet the minimum age requirement of 18 years old and are fully able and competent to enter into and be bound by this Agreement. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
Registration, User ID and Security
In order to access or use certain features of the Site, you may be required to register with us on a registration form which will require you to provide personally identifiable information (such as your country, date of birth, and an e-mail address you own) and to select a password and user name ("User ID").
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration page. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Further, you may not: enter, select or use a user name or an email address owned or controlled by another person with the intent to impersonate that person, or, use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization.
We reserve the right to refuse registration of, or cancel a User ID in our discretion without any liability whatsoever. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password.
You agree not to collect or harvest any personally identifiable information, including any User IDs or account names from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to all or any materials submitted by them. You further agree to us monitoring your download activity to ensure that a reasonable quality of service is provided to all users of the Site.
Use of the Site
In connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your Postings by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any consideration for your Postings.
By furnishing Postings, you hereby irrevocably grant us a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, fully paid-up and fully sub-licensable and transferable license to display, copy, modify, transmit, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such content, in whole or in part, in any manner or medium, now known or hereafter developed, whether in connection with the Site and our (and our successor's) business or otherwise, including without limitation for marketing, promoting and/or re-distributing part or all of the Site (and derivative works thereof) and all media and formats and through any and all channels; and the foregoing grant of license to Clozette shall include the right to exploit any proprietary rights in Postings, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Clozette reserves the right to remove or modify Postings for any reason, including Postings that we believe violates these Terms or our policies, including materials which are obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. Therefore, you agree not to post, email, or otherwise make available Postings: that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way; that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that include personal or identifying information about another person without that person's explicit consent that are false, deceptive, misleading, or deceitful; contain your own or a third party's advertising, branding or promotional content; that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available; restrict or inhibit any other user from using and enjoying the Clozette Site.
Please be aware that Clozette does not and has no obligation to monitor all of the Postings made to this Site, and therefore Clozette will not be responsible for the content of any Postings, and you agree to use and rely on them at your own risk. Clozette cannot make any representation or warranty about the material contained in the Postings. Clozette likewise assumes no responsibility for any contact you may have with other users of this Site, either online or offline. If you elect to meet in person with someone you may meet on our Site, you do so at your own risk, and under no circumstances will Clozette be liable for any activity or injury that may occur.
You understand that Clozette is not the seller of the goods and services advertised on the Site. Clozette is a service provider and transaction handler for third party Retailers. Clozette may also offers vouchers and/or rewards from Retailers that can be redeemed in connection with the purchase of goods or services from the Retailers. The Retailers, not Clozette, is the seller and provider of the goods and services offered and advertised on the Site, including without limitation the Clozette vouchers and/or rewards. Clozette is not the agent of any Retailers and takes no responsibility for the products or services for which Clozette vouchers and/or rewards may be redeemed. Clozette makes no warranty as to the quality, safety, usability, or other aspects of the product or service for which Clozette vouchers and/or rewards are redeemed. Clozette is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity offered. You are responsible for your own actions in utilizing the goods and services from which Clozette vouchers and/or rewards can be redeemed.
Using #clozette on Social Media
In hashtagging your post with #clozette on social media (e.g. Instagram and Facebook), you grant Clozette the permission to feature it in non-commercial editorial and social content on Clozette's platforms.
Disclaimer of Warranties.
This Site is provided by Clozette on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Clozette makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. Clozette shall have no liability for any interruptions in the use of this Site. Clozette disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Clozette further disclaims any and all warranties with respect to any advice, products or services provided to Members by a Stylist or Retailer, including the implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by law, Clozette shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Site; (b) any conduct or content of any third party on the Site, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content.
Member agrees to indemnify and hold Clozette, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Site, the violation of this Agreement, or infringement by Member, or other user of the Site using Member's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Site
Clozette reserves the right to modify or discontinue the Site with or without notice to the Member. Clozette shall not be liable to Member or any third party should Clozette exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Clozette does not guarantee continuous, uninterrupted or secure access to this Site and operation of this Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates this Agreement or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.
This Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Clozette. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Clozette, you do so at your own risk and you agree that Clozette will have no liability arising from your use of or access to any third-party website, service, or content.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Clozette makes every effort to ensure that the information on this Site is accurate, Clozette makes no representations or warranties as to the accuracy or reliability of any information provided on this Site or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
Governing Jurisdiction of the Courts
Compliance with Law
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
Content posted on this Site by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for this Site without our permission. Any commercial or promotional distribution, publishing or exploitation of this Site, or any content, code, data or materials on this Site is strictly prohibited. The third-party images and text referenced, made accessible or made available to you on these pages or by means of the Site are protected by the copyright and trademark laws of the Republic of Singapore and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; Clozette cannot give you such authorization. We cannot guarantee that the Site will not locate unintended or objectionable content and Clozette accepts no responsibility or liability for the content of any images or text included in any Clozette list or otherwise linked to by the Site, or for your use of such content. Clozette reserves the right to remove any pictures or content without notice to you, any other user, or any third party. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of this Site or that tampers with any copyright protection mechanisms applicable to content on this Site. The technology and the software underlying this Site is the property of Clozette, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying this Site. You agree not to modify the software underlying this Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
FAQ - Last Updated Thursday 21 January, 2021
The following terms and conditions of this agreement and any amendments thereof from time to time (hereinafter referred to as "Agreement") shall govern the placement and delivery of advertising campaigns as set forth in any work orders or service agreements ("WO") executed by and between Clozette Pte. Ltd. ("Clozette") and the Advertiser ("Advertiser"). Clozette and Advertiser are sometimes referred to herein individually as, "Party" and collectively as, the "Parties."
TERMS AND CONDITIONS
- "Ad(s)" or "Creative(s)" means any advertisement provided by Advertiser on behalf of itself or any other clients within its network.
- "Advertising Materials" means all materials required for a campaign as listed in the WO and or as notified by Clozette to the Advertiser, including but not limited to content, artwork, copy or active URLs for Ads.
- "Affiliate" means, as to an entity, any other entity directly or indirectly controlling, controlled by, or under common control with, such entity.
- "Advertiser" means the party executing an WO with Clozette.
- "Work Order" ("WO") is an agreement authorising Clozette to create Marketing Campaign(s) on behalf of Advertiser thereby allowing it to generate certain actions consistent with the terms of the WO. An WO defines the Campaign name, the Advertiser placing the order, the individual advertisements or promotions to be run (or who will provide them), the content to be created and ownership thereof, the WO beginning and end dates, the total cost, discounts to be applied, and reporting requirements and possible penalties or stipulations relative to the failure to perform by either parties. The WO may also include targeting criteria, as well as allowed marketing methods and geographic location or other limitations.
- "Marketing Campaign" or "Campaign" is defined as a paid advertising engagement to promote a brand, product or service through applicable channel, including but not limited to banners advertisements, microsites, content creation and influencer marketing and through different media, including but not limited to social and online platforms that focus on one or a few brands or products or services, are directed at a particular identified segment of the general population (target audience), and aimed at achieving a specific objective. Campaigns will be created by Clozette on behalf of Advertiser based on the parameters provided in the WO. Types of campaigns offered may be expanded at any time by Clozette.
- "Policies" means advertising criteria or specifications made conspicuously available in a Campaign, including but not limited to content limitations, technical specifications, privacy policies, user experience policies, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the websites on which the Ads are to appear), other editorial or advertising policies, and Advertising Materials due dates.
SCOPE OF AGREEMENT
This Agreement sets forth the terms and conditions under which Advertiser authorises Clozette to manage Advertiser’s campaign. This Agreement together with the WO and all policies, terms and conditions as maybe found and amended from time to time on Clozette’s websites or mobile applications comprise the agreement between Clozette and Advertiser. The terms and conditions of this Agreement are hereby incorporated by reference into each WO as if fully set forth therein.
ABILITY TO BIND COMPANY
- Advertiser hereby authorises and directs Clozette to bind Advertiser to the WO agreed to between Advertiser and Clozette.
- Modifications to the originally submitted WO will not be binding unless approved in writing by the Parties, and this includes but is not limited to start/end dates, changes to content copy and price adjustments and surcharges where applicable. Acknowledged receipt of electronic mail (email) documenting the modifications by both Parties will constitute a writing for these purposes.
Advertiser shall ensure:
- that all information provided to Clozette pursuant to the WO and requested by Clozette from the Advertiser thereafter is complete and accurate and is on timely basis,
- to keep Clozette updated of all changes that may be relevant to the Campaign,
- to obtain and maintain all necessary licenses, permissions and consents for the Advertising Materials prior to start of the Campaign,
- that its Advertising Materials are suitable for use and do not compromise the reputation, brand, operations or goodwill of Clozette and do not contain violence, sexually explicit or pornographic content and / or statements that may be considered discriminatory with regards to race, religion, gender, nationality, disability, sexual orientation or age,
- to cooperate fully with the authorities in the event that it is necessary to disclose any information to the authorities,
- full compliance with all applicable laws including but not limited to data protection and privacy laws. Advertiser shall not use any personal or confidential information, including that information belonging to users, influencers or Clozette except as necessary to carry out its contractual obligations with these parties.
- Prior to the effective date of the campaign (as specified in WO), Advertiser will create and deliver to Clozette all Advertising Materials required for any campaigns in the form requested by Clozette and in accordance with any specifications and policies set-forth by Clozette.
- If the performance of Clozette of any of its obligations is prevented or delayed by any act or omission by the Advertiser or failure by the Advertiser to perform any relevant obligations under the WO, Advertisers agrees Clozette shall not be responsible for the same.
LICENSE AND OWNERSHIP
- Advertiser hereby grants to Clozette and Clozette’s affiliates and partners a non-exclusive, royalty-free, worldwide, transferable license, under all Advertiser’s rights, to: (i) use, perform, serve, place and display all ads and materials delivered hereunder; and (ii) use all associated Advertiser intellectual property in connection therewith. Advertiser agrees that Clozette may include Advertiser’s name (including any trade name, trademark, service mark and logo) and any ad provided hereunder on Clozette’s advertisers list and in its marketing materials and sales presentations and provide Clozette with the license to use its trade names, trademarks, service marks and logo for the purpose hereof.
- Clozette is the sole owner of any and all intellectual property rights associated with the services herein. Clozette retains all rights, title and interest, including any and all intellectual property rights in and to any materials created, developed or provided by Clozette in relation to Advertiser’s campaign. Clozette reserves all rights not expressly granted herein or in the WO.
- Clozette may refuse or require to be amended any artwork, materials and copy for or relating to a Campaign so as to comply with the legal and moral obligations placed on Clozette or Advertiser; and to avoid infringing a third party’s rights and relevant Industry code of advertising practice or the production and quality specification stipulated or referred to in the WO.
- Clozette reserves the right to refuse or stop orders, cancellations or transfers unless advertising materials stipulated in the WO are delivered on time. Clozette shall not be liable for any campaign execution delays due to Advertiser’s failure to do so.
- Clozette reserves the right to charge the full amount in the WO for the cancellation or termination of any advertisement placed by Advertiser, unless otherwise provided in the WO.
PAYMENT AND PAYMENT LIABILITY
- Advertiser will make payments to Clozette in accordance with the payment terms in the WO regardless of whether Advertiser has collected payment from its clients. All amounts payable represent the net amounts to be received by Clozette and do not include any current or future transfer charges to correspondent banks, customs, duties, charges, sales tax, withholding tax, VAT or any applicable tax, which may apply and shall be borne, if applicable, by Advertiser. Advertiser shall pay Clozette the full amount invoiced, without offset or deduction.
- Advertiser’s failure to make timely payment shall constitute a material breach of the Agreement and Advertiser will be responsible for all reasonable expenses incurred by Clozette in collecting the amounts due plus finance charges at the rate of 2% per month.
REPRESENTATION AND WARRANTIES
- Advertiser warrants and agrees that: it has and will continue to have full authority to enter into and perform the WO, it will comply with all applicable laws of the land, including any applicable provisions for consumer protection, shall ensure no Advertising Materials shall infringe the Intellectual Property rights of any third party, and nor will the Advertiser do anything that causes Clozette or influencers to infringe such rights, it shall have any necessary authorisation to advertise and promote regulated products or services, wherever applicable. Advertiser agrees to and authorises Clozette to use Advertiser’s name on all Clozette websites and assets, and promotional materials. The terms of this Agreement will be held in strict confidence and only the fact that Advertiser is working with Clozette will be disclosed to the general public, absent a written agreement stating otherwise.
- Clozette represents, warrants, covenants and agrees that: (i) it holds the necessary right, power, legal capacity, and authority to enter into, deliver and fully perform under this Agreement; (ii) neither the execution, delivery, nor performance of this Agreement will result in a violation or breach of any contract, agreement, order, judgment, decree, rule, regulation or law to which Clozette is bound; and (iii) it will provide and maintain the resources, personnel and facilities suitable to perform its obligations under this Agreement. Advertiser acknowledges that Clozette makes no representations, warranties or covenants not set forth in this Agreement.
- In any WO that includes the engagement of influencers by Clozette, Clozette shall use all reasonable endeavours to ensure that the influencers comply with their obligations under Clozette’s terms and conditions for influencers. Advertiser shall have the right to assert all claims directly against the influencer which result from influencer’s breach of its obligations.
INDEMNIFICATION & LIMITATION OF LIABILITY
- In no event shall Clozette be liable for any consequential, incidental, indirect, punitive, special or other similar damages and any loss of profits, loss of revenue, loss of use, whether under tort, contract or other theories of recovery, even if it has been aware or advised of the possibility of such damages. The cumulative liability of Clozette for all claims relating to any WO, regardless of the form of action, shall not exceed the total fees actually paid by advertiser under the said WO during the three (3) months period prior to the date the cause of action arose.
- Advertiser agrees to defend, indemnify and hold harmless Clozette and each of its affiliates and their respective directors, officers, shareholders, employees and representatives from and against any and all damage, injury, liability, loss, costs and expense (including all court costs and reasonable attorneys’ fees) in relation to any proceeding or other claim, whether or not involving a third party claim, relating to (i) third party’ claim in relation to Advertiser’s use of the services hereunder, (ii) Advertiser’s alleged breach of or failure to perform Advertiser’s obligations or representations or warranties in these Terms or an WO , or (iii) any claim related to the ads, the advertising materials, any website(s), application(s) or materials linked or related thereto, and/ or the content of or representations made in or the services or products related therewith, (iv) any claim based on an assertion that any material provided in relation to these Terms or an WO infringe or misappropriate a patent, trademark or copyright or any other intellectual property right, and (v) the collection, processing or use of personal information by or on behalf of the Advertiser. Clozette will have the right to control the defence of any claim involving Clozette.
Advertiser agrees to keep this agreement and all of its terms, numbers and information, confidential. "Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation technical data, trade secrets, know-how, actual and anticipated research, developments or products, product plans, services, software, inventions, processes, discoveries, formulas, architectures, concepts, ideas, designs, drawings, personnel, customers, markets, marketing plans, distribution methods, business plans, finance and manufacturing plans). Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not include any information which (i) was publicly known prior to the time of disclosure by the disclosing party; (ii) becomes publicly known after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (v) was independently developed by the receiving party without use of the disclosing party’s Confidential information; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure. Each party shall use Confidential Information disclosed to it by the other party only for the purpose of the services of this Agreement and the WO signed by the parties and for no other purpose.
TERM AND TERMINATION
The advertising terms and conditions herein shall apply to all WO and this
Agreement shall continue in effect for as long as there remains an active WO
between Clozette and Advertiser. Either party may terminate this Agreement:
(i) upon a breach by the other party of this Agreement upon at least twenty
(20) business days’ prior written notice to such breaching party unless such
breach is waived by the non-breaching party or substantively cured within
such fourteen (14) working days or (ii) if the other party enters into
liquidation or becomes insolvent or makes an assignment for the benefit of
its creditors, or if a receiver is appointed for it or its assets, or if any
bona fide petition is filed by or against it seeking its liquidation or an
adjudication of its insolvency or its adjudication as bankrupt or the
appointment of a receiver for it or its assets, subject in all cases to
Without limiting any other relief or remedy available to, Clozette may terminate this Agreement in Clozette’s sole discretion without further obligation to Advertiser, if Clozette determines that Advertiser has or have failed to comply with applicable laws or generally-adopted industry policies and practices or Advertiser’s obligations to Clozette including under this Agreement.
- The advertising terms and conditions herein shall apply to all WO and this Agreement shall continue in effect for as long as there remains an active WO between Clozette and Advertiser. Either party may terminate this Agreement: (i) upon a breach by the other party of this Agreement upon at least twenty (20) business days’ prior written notice to such breaching party unless such breach is waived by the non-breaching party or substantively cured within such fourteen (14) working days or (ii) if the other party enters into liquidation or becomes insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed for it or its assets, or if any bona fide petition is filed by or against it seeking its liquidation or an adjudication of its insolvency or its adjudication as bankrupt or the appointment of a receiver for it or its assets, subject in all cases to applicable law.
NON-COMPETE, NON-SOLICITATION AND NON-CIRCUMVENT
Advertiser agrees that during the term of this Agreement and for a period of one (1) year after termination it shall not, directly or indirectly, solicit, entice or induce any employee, agent representative, content creator, influencer, client or professional of Clozette to terminate or refrain from renewing, continuing or extending such employment or relationship with Clozette or otherwise alter such employment or relationship with Clozette or to become an employee, agent, representative, service provider or professional advisor of Advertiser or any person competing with Clozette.
- Force Majeure: Neither Party will be liable for, or will be considered to be in breach of this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs (which shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other natural occurrences, any conflicting order, direction, action or request of the local governments or of any regulatory department, agency, commission, court, bureau, corporation or other instrumentality, or of any civil or military authority, national emergencies, insurrections, riots, acts of terrorism, wars, strikes, lockouts, work stoppages or other such labour difficulties, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of such event. Notwithstanding the foregoing, the Parties’ obligations to one another shall be excused and/or postponed during and only for the duration of the applicable force majeure event and shall resume as soon as practicable after the force majeure event has ended unless otherwise agreed to by the parties. No force majeure event alleviates Advertiser’s payment obligations.
- Governing Law; Severability and Survivability: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. If any provision of this Agreement conflicts with any other rule, regulation, or agreement, the terms and conditions of this Agreement shall govern; provided that nothing herein shall permit or require a party to act in contravention of any applicable law, rule or regulation. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions of this Agreement shall remain in full force and effect, provided that neither Party is deprived thereby of the fundamental benefit of its bargain. A Party’s failure to enforce any provision of this Agreement shall neither be deemed a waiver of such provision nor of their right to enforce such provision. Each Party’s rights under this Agreement shall survive any termination of this Agreement.
- Relationship of the Parties: Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the Parties. Neither Party shall have authority to contract for or bind the other in any manner whatsoever.
- Assignment: Neither Party may assign this Agreement without the written consent of the other Party which will not be unreasonably withheld. In the event of a merger or consolidation of Clozette or Advertiser, the surviving or new corporation and any subsidiaries may take over this Agreement subject to the rights and obligations stated herein.
- Entire Agreement: This Agreement and the applicable WO constitute the complete and exclusive statement of the Agreement between the Parties regarding the products and services defined herein. It may only be modified by a writing signed by the Party to be charged. Should there be a discrepancy between the terms of this Agreement and a WO; the terms of the WO shall prevail.
AGREEMENT TO CONDUCT BUSINESS ELECTRONICALLY
- Each Party agrees to conduct business electronically with the other.
- Advertiser acknowledges and agrees that by signing an WO with Clozette, Advertiser is confirming and acknowledging that Advertiser has accepted this Agreement and all the policies, terms and conditions as they may be identified herein. Advertiser hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Advertising Terms & Conditions - Last Updated Friday 22 Febuary, 2019
information collected, stored, disclosed and/or processed by Clozette Pte Ltd and its
subsidiary and associated companies (collectively, "Clozette") under Clause 1 below. For
the purpose of this Policy, "we" and "our" shall refer to Clozette.
When is Information Collected from You?When you register as a member or use any of our services on websites owned and/or operated by us, hosted by us on behalf of our business partners or use services on such websites (collectively, "the Site")
When you take part in any contest, survey or promotion conducted by us and/or our business partners.
When you make purchases or elect to receive email and/or text messages about upcoming events or promotions. When you choose to use these additional features, we require you to provide additional personal information such as your phone number, billing and shipping addresses, and we may request additional personal information such as your browsing preferences and demographics.
What is the Information Used For?Information which you provide to us may be used and disclosed by us and our affiliates, business partners and contractors (who may operate outside Singapore) for the following purposes:
- to respond to your requests and queries;
- to provide goods and services to you;
- to administer rewards or loyalty programs
- to personalize your experience
- to verify and process your personal particulars and payments;
- to enforce contractual and legal rights and obligations;
- for marketing research, user profile and statistical analysis;
- to communicate information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organizations;
- complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies. Generally, you can remove these cookies by following directions provided in your Internet browser's "help" file. If you choose not to allow us to place a cookie on your computer, you may be restricted from some services and some of the interactive features offered on our websites may be similarly restricted or rendered inoperable.
In addition to cookies, we may also use other Internet technologies, such as web beacons or pixel tags, and other similar technologies, to deliver or communicate with cookies and track your use of our website. The information we obtain in this manner enables us measure the overall effectiveness of our online content, advertising campaigns, and the products we offer through our website. By accessing our website and agreeing to receive our e-mail messages or newsletters, you agree to that we can use other Internet technologies such as those mentioned above on your device(s).
Third Party LinksOccasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
How Do We Protect Your InformationThis Policy is based on the Singapore Personal Data Protection Act 2012 ("PDPA") and all the associated regulations and guidelines as may from time to time be issued by the Personal Data Protection Commission ("PDPC") of Singapore. Clozette’s practices may be subjected to different or more restrictive local laws in jurisdictions outside of Singapore.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as these parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours and others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Data SecurityWe are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
Where applicable, the Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to your information in order to perform their duties are allowed such access.
Clozette Pte Ltd ("Clozette") respects and observes the intellectual property rights of others and expects its users to do the same. It is Clozette's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
The Copyright Act (Chapter 63) of Singapore and its subsidiary legislation (collectively the "Copyright Legislation") limit the liabilities of network service providers ("NSP"), including Clozette, in respect of various services provided under the circumstances prescribed in the Copyright Legislation.
As such, Clozette (as an NSP) will not be liable inter alia in monetary damages for any copyright infringements under the circumstances stipulated in the Copyright Act, so long as Clozette has complied with the relevant conditions imposed by the Copyright Legislation.
In line with the above, if you discover any infringement of your material, you may send a duly completed takedown notice to Clozette’s Designated Person (at the contact address listed below) in accordance with the Copyright Act. Upon receipt of a valid take-down notice, Clozette will take reasonable steps to remove or disable access to the material in accordance with the Copyright Act.
All Take-down Notices and Counter-Notices must be sent to:
Clozette’s Designated Contact:
Clozette Pte Ltd
25 Harrison Road
#06-00 Chin Lim Industrial Building
Attention: Clozette Compliance Team
Email: [email protected]
Please provide us the following information to assist us in reviewing your claim:
For Take-Down Notice (Claimant):
(a) name, address, telephone number, facsimile number (if any) and email address of the
Claimant, as well as the address for service in Singapore if the Claimant is not
resident in Singapore;
(b) sufficient particulars like URL or item code to enable Clozette to identify the alleged infringing material and its online location;
(c) a statement that the Claimant requires Clozette to remove or disable access to the material;
(d) a statement that the Claimant, in good faith, believes that the material is an infringing copy;
(e) a statement that the information in the Take-Down Notice is accurate;
(f) a statement that the Claimant is the copyright owner or exclusive licensee or that the Claimant is authorised to act on behalf of such owner or exclusive licensee; and
(g) a statement that the Claimant agrees to submit to the jurisdiction of the courts in Singapore.
For Counter-Notice (Respondent):
(a) name, address, telephone number, facsimile number (if any) and email address of the
Respondent, as well as the address for service in Singapore if the Respondent is not
resident in Singapore;
(b) sufficient particulars to enable Clozette to identify the material that has been removed or to which access has been disabled, and its online location prior to such removal or disablement of access;
(c) a statement that the Respondent, in good faith, believes that the material was removed, or access to it was disabled, as a result of mistake or misidentification, or that such material does not infringe the copyright in any material;
(d) a statement that the information in the Counter-Notice is accurate; and
(e) a statement that the Respondent agrees to submit to the jurisdiction of the courts in Singapore.
Please note that under the Copyright Act, in the event that in any Take-Down Notice or Counter-Notice, a person makes a statement which is false, which he/she knows is false, or which he/she does not believe to be true, and which touches on any material point in such Notice, then he/she may:
(a) be guilty of an offence and if convicted, can be fined up to S$10,000 or imprisoned for up to 2 years; and
(b) be liable in damages to any person who suffers any loss or damage as a result of such Notice.
Kindly note that, for any infringement notice to be duly examined, we require strict compliance with the above mentioned rules and format, and failure to obey any of the requirements of this policy in a timely manner may result in the refusal of your application and/or processing delays.
We are committed to protecting the intellectual property rights of third parties and our company policy includes strict and deterrent measures as part of our Intellectual Property Rights Policy, including but not limited to, the removal of the item pages or the termination of the accounts of Users who may infringe or repeatedly infringe or violate the intellectual property rights of Clozette and/or others.
Clozette Compliance Team