Terms Of Use
BY USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. THE CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
1. Use of the Site
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”). Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BHB Pte Ltd or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of BHB Pte Ltd ; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2. Membership Eligibility
The Site is available to members who have not been suspended or removed by BHB Pte Ltd for any reason. Membership is available only to users who have completed the information required by the Site’s registration form. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Membership is void where prohibited by law.
3. Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.
The following terms and conditions apply to the applicable features on the Site:
(a) Online Gift Voucher. BHB Pte Ltd’s and their merchants online gift vouchers are honoured only on https://blackpaint.com.sg (hereby known as “blackpaint.sg”). Vouchers are not exchangeable for cash. Vouchers must be fully utilized when making payment. Any unutilized amount of any voucher will be forfeited and shall not be refundable. Vouchers cannot be used for more than one transaction on blackpaint.sg. BHB Pte Ltd will not be responsible for the loss of any vouchers.
(b) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us.
(c) Site-Provided Email and Postings. The Site may provide members with the ability to send email messages to others and to post messages on the Site. BHB Pte Ltd has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Site to post content or other communications that contain (i) political, libellous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as addresses, phone numbers, etc.); (iv) confidential information of BHB Pte Ltd , its parent, subsidiaries or affiliates; (v) any chain letters; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site to people who do not know you or who are unlikely to recognize you as a known contact.
4. Accuracy of Content; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
5. Credit Card Payment
In a credit card transaction, you must use your own credit card. BHB Pte Ltd will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
6. Proprietary Rights
You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of BHB Pte Ltd and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.
7. Submissions
Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site, submitted to BHB Pte Ltd , or otherwise communicated in connection with your use of the Site (collectively, “Submissions”) shall be and remain the exclusive property of BHB Pte Ltd with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Under no circumstances shall any disclosure of any submission to BHB Pte Ltd be subject to any obligation of confidentiality or expectation of compensation or attribution. By submitting any submission to BHB Pte Ltd, you are waiving any and all rights that you may have in the submission and you agree that any submissions by you will not violate any right of any third party, including copyright trademark, privacy or other personal or proprietary rights. You also agree that no submission by you will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make. You represent and warrant to BHB Pte Ltd that BHB Pte Ltd is free to implement the submission if it so desires, as provided or as modified by BHB Pte Ltd, without obtaining permission or license from any third party. BHB Pte Ltd takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
8. Links to Third-Party Web Sites; No Implied Endorsements
This Site may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
9. Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
10. Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. Privacy Policy
To BHB Pte Ltd, your privacy is of utmost importance. Hence, BHB Pte Ltd wishes to let you know what information BHB Pte Ltd collect when you visit the Website, how BHB Pte Ltd collect such information, and how BHB Pte Ltd use such information. By accessing the Website, you consent to the data practices described below. Please note that BHB Pte Ltd may periodically make changes to the privacy. As such, please remember that it is your responsibility to remain informed about any changes.
(a) Information BHB Pte Ltd may collect from you and how does BHB Pte Ltd collect such information
BHB Pte Ltd may periodically request at times that you voluntarily supply us with personal information. For example upon registration at the Website, personal information which may include any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number(s) and other contact information may be required from you. BHB Pte Ltd may also request information about your interests and activities, your gender and age, and other demographic information as well as public information such as user ratings and reviews and other information you view on the Site.
Some of the information collected by BHB Pte Ltd may not be explicitly submitted by you as BHB Pte Ltd also automatically receives and records information on its server logs from your browser, including your IP address, cookie information, the web pages you request, your browser type and language, access times, and the referring web site address. For example, when you visit the Website, BHB Pte Ltd may assign your computer one or more cookies, to facilitate access to our Site and to personalize your online experience. Through the use of a cookie, BHB Pte Ltd may also automatically collect information about your online activity on the Website, which may include, but not limited to, the products you have browsed or purchased, and the searches you have conducted on the Site. Generally, most browsers will automatically accept cookies, but you may choose to modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on the Website. The information BHB Pte Ltd obtain in this manner enables BHB Pte Ltd to customize the services offered by the Website.
(b) How BHB Pte Ltd may use your information
In general, BHB Pte Ltd may use information from you for the following purposes:
- perform research and analysis about your use of the Website, types of products you may be interested in or your shopping patterns. Such research and analysis may be disclosed to any third parties which in BHB Pte Ltd’s sole discretion may deem fit for the purpose of upgrading the its services, contents or products which may be offered from time to time;
- manage your account and provide you with customer support;
- communicate with you by e-mail about products or services that may be of interest to you either from us or other third parties;
- develop and display content tailored to your interests on the Website;
- verify your eligibility and deliver prizes in connection with any contests and giveaways that the Website may have;
- enforce the Terms and Conditions;
- give away product samples to Buyers who are willing to have their personal information provided;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Generally, BHB Pte Ltd will not share your personal information with others except for purposes relating to the function of the Website, or when BHB Pte Ltd inform you and give you an opportunity to opt out of having your personal information shared.
However, from time to time information such as your full name, profile photo and any personally identifiable information you have included in your profile or ratings may be shown to other users primarily in conjunction with product reviews and ratings you have contributed. In such a case, your personal information may be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. As BHB Pte Ltd cannot control who reads your posting or what other users may do with the information you voluntarily post, BHB Pte Ltd strongly encourage you to exercise discretion and caution with respect to your personal information. Please note that by accepting this Terms and Conditions, you consent that BHB Pte Ltd will not be liable for any loss or damages which may arise from such situations.
BHB Pte Ltd may also disclose your personal information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement agency or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, BHB Pte Ltd may raise or waive any legal objection or right available to us.
BHB Pte Ltd may disclose your personal information when BHB Pte Ltd believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Terms and Conditions.
BHB Pte Ltd may disclose your personal information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. The personal information which you provide to us is an asset of BHB Pte Ltd and may be included in the assets transferred in the event of a substantial corporate transaction.
From time to time, BHB Pte Ltd may use your information for new, unanticipated uses not previously disclosed in this Terms and Agreements. If the policy relating to the collected information changes at some time in the future, BHB Pte Ltd will post the policy changes on the Website to notify you of these changes. BHB Pte Ltd will only use the data collected from the time of the policy change for any new purpose. If you are concerned about how your information is used, you may wish to contact BHB Pte Ltd with your further queries.
12. Indemnification
By using this Site, you agree to indemnify, hold harmless and defend BHB Pte Ltd , its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. BHB Pte Ltd reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13. Disclaimer of Warranty
The site, its content and all text, images, merchandise and other information on, accessible from or available through this site are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, BHB Pte Ltd does not warrant that: (i) the information available on this site is free of errors; (ii) the functions contained on this site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this site or the server(s) that makes it available are free of viruses or other harmful components.
14. Limitation of Liability
In no event shall BHB Pte Ltd , its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by BHB Pte Ltd , whether based upon warranty, contract, tort, or otherwise, even if BHB Pte Ltd has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of BHB Pte Ltd , its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to BHB Pte Ltd in connection with the applicable event, promotion or event giving rise to such liability. Without limiting the foregoing, in no event shall BHB Pte Ltd , its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of BHB Pte Ltd.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
15. BHB Pte Ltd Affiliates
BHB Pte Ltd is not affiliated with web sites or third parties that sell or advertise our products without a written agreement with us. BHB Pte Ltd reserves the right to void all service, return, and other policies for orders and BHB Pte Ltd products that were purchased through unauthorized sellers. BHB Pte Ltd is not responsible for any representations by unauthorized sellers.
16. Unavailability of Site; Termination; Fraud
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
17. Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. With regards to copyright issues, kindly email to marketing@blackpaint.sg.
18. Miscellaneous
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and BHB Pte Ltd with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BHB Pte Ltd with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of BHB Pte Ltd to act with respect to a breach by you or others does not waive BHB Pte Ltd ‘s right to act with respect to subsequent or similar breaches. BHB Pte Ltd ‘s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
This agreement shall be construed in accordance with the applicable laws of Singapore. The Courts at Singapore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
