These Terms of Service (as defined below) govern the arrangements between FLO Optics Pte. Ltd. (the “Company”) and the User (as defined below), in connection with the provision of the Service (as defined below).
By purchasing a voucher for the provision of the Service from the Purchasing Platform (as defined below), submitting a request for an appointment for the provision of the Service or attending the appointment made for the Service, the User shall be deemed to have read, understood and agreed to be bound by these Terms of Service.
Provision of the Service
The service to be provided by the Company to the User shall comprise:
the conduct of a video-conference session during which the personnel appointed by the Company will provide the User with eyewear styling advice and recommendations; and
following the conclusion of such session, the provision of styling sheets containing the results of the stylist’s analysis during such session and recommendations with respect to eyewear suitable for the User,
subject to such other services as may be expressly set out on the Purchasing Platform from time to time, and which services shall, for the avoidance of doubt, exclude the sale or provision by the Company of any eyewear to the User (including any eyewear recommended to the User) (the “Service”).
The Fees are payable in consideration of the provision of the Service. Unless otherwise notified to the User by the Company, payment of the Fees shall be reflected as a voucher purchased on the Purchasing Platform.
The User may request the Company to provide the Service to the User by submitting a request for an appointment for the provision of the Service (“Appointment”) through such Platform as designated by the Company. The confirmation of the Appointment by the Company is subject to the User having paid the Fees, and the Company’s personnel being available at the date and time requested by the User.
The Appointment will be conducted at the date and time confirmed by the Company (“Appointment Date”) through such media as the Company may notify the User (including through the use of such video-conferencing platform as designated by the Company).
The User shall be responsible for procuring and obtaining all necessary equipment for the purposes of attending the Appointment.
The User may request for a change to the Appointment Date no later than 24 hours prior to the Appointment Date. Any change to the Appointment Date is subject to confirmation by the Company. If the User fails to attend or is late in attending the Appointment on the Appointment Date, unless otherwise agreed by the Company in writing, the User shall not be entitled to any refund of the Fees.
The Company shall be entitled to change or postpone the Appointment Date at any time immediately by written notice to the User without any liability to the User.
The User shall provide the Company with such information and/or assistance as the Company may require for the provision of the Service.
In accessing or using the Service, the User shall not, directly or indirectly:
impersonate or misrepresent the User’s identity;
attempt to obtain unauthorised access to the Service;
collect information about users of the Service without such users’ written approval;
violate, misappropriate or infringe a third party’s Intellectual Property Rights or other rights, or any social media platform terms, in connection with the User’s use of the Service;
violate any law, rule, or regulation; or
interfere with any third party’s ability to use or enjoy, or the Company’s ability to provide, the Service.
The User acknowledges and agrees that all Intellectual Property Rights in and to any and all information provided to the User in connection with the Service (including the styling sheets) (“Information”) are owned, licensed to or controlled by the Company. The Company reserves the right to enforce such Intellectual Property Rights to the fullest extent of the law.
The User shall have a non-exclusive, non-transferable and non-sublicensable licence to use the Information and the Intellectual Property Rights in and to the Information for the purposes of the eyewear styling that is the subject of the Service. Save as aforesaid, the User may not use the Information and the Intellectual Property Rights in and to the Information for any other purposes. The User shall not, at any time or in any way question, dispute, infringe or do any act inconsistent with the Company’s ownership of the Information and the Intellectual Property Rights in and to the Information.
If notwithstanding Clause 3.1 and 3.2, the User becomes entitled to any Intellectual Property Rights in and to the Information, the User hereby assigns to the Company all Intellectual Property Rights in and to the Information to which the User is or may at any time be entitled by virtue of or pursuant to any of the laws in force anywhere in the world, for the full period of the protection of such Intellectual Property Rights, including all renewals, reversions and extensions.
The User shall, at the request of the Company, co-operate fully with the Company and execute all such documents and give all such assistance as may be necessary or desirable at such locations as may be required by the Company in its sole and absolute discretion to effect, record or register the assignment of the Intellectual Property Rights in and to the Information to the Company absolutely or to protect, perfect, confirm, defend, police and/or enforce the Company’s Intellectual Property Rights in and to the Information.
By sharing, submitting or uploading any User Content, the User grants the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from such User Content in any manner existing now or created in the future. Subject to the license above, the User retains ownership of such User Content.
The User irrevocably waives and agrees not to assert any rights, including any and all moral rights that the User may have in respect of the User Content under the Copyright Act (Chapter 63 of Singapore) or similar legislation in any jurisdiction and any other moral rights to which the User is or may become entitled to under any legislation now existing or in future enacted, anywhere in the world, in respect of the User Content to prevent the Company from exploiting the rights granted in Clause 4.1.
The User acknowledges and agrees that the User is solely responsible for all the User Content that the User makes available. Accordingly, the User represents and warrants that:
the User has all rights, licenses, consents and releases necessary to grant the Company the required rights set out in Clause 4.1; and
neither the User Content nor the User’s posting, uploading, publication, submission or transmittal of the User Content or the Company's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s Intellectual Property Rights or rights of publicity or privacy or result in the violation of any applicable laws.
The User hereby consents to the Company collecting, processing, using and/or disclosing data (including any personal data) relating to the User at any time, for the following purposes:
performing its obligations under these Terms of Service;
providing the Service or any other products and services to the User;
authenticating or verifying the User’s identity for the purposes of providing the Service or any other products or services to the User;
receiving, responding and acting upon any queries, requests, feedback or complaints provided by (or purported to be provided by) the User or on the User’s behalf, or otherwise for the purposes of responding to or dealing with the User’s interactions with the Company;
monitoring or improving user experience, operational efficiency, service quality or marketing strategies, developing, improving or enhancing new or existing services or functionalities, monitoring and conducting data analytics (including for statistical, profiling, research, planning or other purposes), in each case relating to, or in respect of, the Service, or any new or existing product or service
security and compliance purposes;
managing and preparing reports on any matter relating to the Service, or the use or operation of any of any Platform in connection with the Service.
providing the User with marketing and promotional materials, including information relating to the Company’s products, services, sales or promotions;
facilitating any proposed or confirmed merger, acquisition or business asset transaction involving any part of the Company, or corporate restructuring process;
facilitating the Company’s compliance with any laws, customs and regulations which may be applicable to the Company;
in connection with any claims, actions or proceedings (including drafting and reviewing documentation, obtaining legal advice, and facilitating dispute resolution), and/or to discharge, enforce or defend any of the Company’s contractual or other legal obligations or rights; and
internal administrative purposes, and to manage the Company’s relationship with the User.
The User warrants that where the User has disclosed personal data of third parties (e.g. next-of-kin, friends or referees) to the Company in connection with the abovementioned purposes, the User has obtained the prior consent of such third parties for the Company to collect, use and disclose such personal data for such purposes, in accordance with any applicable laws, regulations and/or guidelines. The User agrees to comply with all data protection laws applicable to the User, and all rules, policies and procedures of the Company relating to data protection in force from time to time.
The User also acknowledges and consents to the Company’s disclosure of any data (including any personal data) relating to the User, to any of the Company’s related corporations, insurers, bankers, medical practitioners, service providers and/or any government or regulatory authority and/or potential purchasers of the Company (or any part thereof or business comprised therein) for any of the purposes described in Clause 5.1.
The Company will comply with applicable laws in connection with the collection, use, processing and/or disclosure of the User’s personal data.
Disclaimers of Warranties
The User acknowledges and agrees that:
the Service is provided on an "as is" and "as available" basis without any warranty of any kind, whether as to adequacy, availability, quality or fitness for any particular purpose or otherwise;
the provision of the Service may rely on technologies outside the control of the Company and its related corporations;
the Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license. The Service offered by the Company should not be construed as any form of such medical advice, diagnosis, or substitute for professional consultation. The User is urged and advised to seek the advice of a healthcare professional for any medical advice, diagnosis, treatment, and answers to the User’s personal questions prior to engagement of the Company to provide the Service; and
these Terms of Service do not apply to the User’s use of or access to any Platform or any matter relating to any Platform.
Limitation of Liability
The User agrees that the Company shall not be liable to the User for any consequential or indirect loss, loss of revenue, opportunity, profits, business or custom, any punitive, special or exemplary damages, or any loss of use, anticipated savings, goodwill, reputation or business contracts, or any other form of pure economic loss, whether or not caused by any breach of the Company’s obligations under these Terms of Service or howsoever otherwise.
Notwithstanding anything contained in these Terms of Service (other than Clause 7.3), the aggregate liability of the Company for any and all actions, claims, liabilities, expenses, costs, losses or damages of whatever nature (whether arising in contract, tort, common law or by statute) (“Claims”) brought against, suffered or incurred by or caused to the User, due to or arising out of or in connection with any of the terms of these Terms of Service, whether on account of any default, misconduct or negligence on the part of the Company or otherwise, shall be limited to and shall not exceed:
in respect of any such Claims due to or arising out of or in connection with the provision of the Service, the Fees received by the Company in respect of the Service; and
in respect of all other Claims, the amount of S$100.
Nothing in these Terms of Service shall operate to exclude or restrict the Company’s liability for death or personal injury resulting from the Company’s negligence.
Without prejudice to the other provisions of this Clause 7, no Claim may be brought by the User against the Company, whether under these Terms of Service or in relation to the Service, more than one year after the date of the act or omission giving rise to such Claim.
The User shall indemnify and hold harmless each of the Company and its related corporations from and against any and all Claims (including any legal costs and disbursements on a full indemnity basis) brought against, suffered or incurred by the Company and/or its related corporations arising out of or in connection with:
any breach of these Terms of Service by the User;
any failure by the User to comply with applicable laws;
any statement, act, omission, fraud, negligence or default whatsoever by the User;
the User’s use or misuse of the Service;
the Company’s use of any User Content in the provision of the Service; or
the enforcement or attempted enforcement by the Company of its rights against the Company under these Terms of Service.
The Company shall be entitled to terminate the provision of the Service to the User at any time prior to the Appointment Date by giving the User at least 7 days’ prior written notice, in which case:
the Company will refund the User all amounts paid by the User in relation to the provision of the Service; and
the Company shall have no further obligations to the User following the expiry of such notice.
The termination of the provision of the Service to the User shall not affect the User’s liability to the Company or the Company’s rights and remedies.
If the User has any questions, feedback, comments or complaints relating to the provision of the Service, the User may notify the Company of such questions, feedback, comments or complaints by email to firstname.lastname@example.org.
These Terms of Service shall be governed by, and construed in accordance with, the laws of Singapore.
Any dispute arising out of or in connection with these Terms of Service shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“Rules”) for the time being in force which Rules are deemed to be incorporated by reference into this Clause 12, except to the extent the Rules conflict with the provisions of this Clause 12 in which event the provisions of this Clause 12 shall prevail and apply.
Any arbitration commenced pursuant to Clause 12.1 shall be conducted by one arbitrator nominated jointly by the parties, or failing such joint nomination, by the President for the time being of the Court of Arbitration of the Singapore International Arbitration Centre. The language to be used and all written documents provided in any such arbitration shall be English. The seat of arbitration shall be Singapore.
In the event that recourse to the courts shall be necessary for the purpose of determining any question of law required to be determined for arbitration, the parties hereto hereby submit to the exclusive jurisdiction of the courts of Singapore, agree not to commence any suit, action or proceeding relating thereto except in such courts, and waive, to the fullest extent permitted by law, the right to move to dismiss or transfer any action brought in such courts on the basis of any objection to personal jurisdiction or venue. Any decision or award of the arbitral tribunal shall be final and binding upon the parties to the arbitral proceeding. The parties hereby waive, to the extent permitted by law, any rights to appeal or to review of such award by any court or tribunal. The parties agree that the arbitral award may be enforced against the parties to the arbitral proceeding or their assets wherever they may be found and that a judgement upon the arbitral award may be entered in any court having jurisdiction thereof.
A person who or which is not a party to these Terms of Service has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of these Terms of Service.
The invalidity, illegality or unenforceability of any provision of these Terms of Service shall not in any way affect or impair any other provision of these Terms of Service and these Terms of Service shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
If the Company is unable to perform or discharge any of its obligations under these Terms of Service by reason of the occurrence of any event that is beyond the reasonable control of the Company (a “Force Majeure Event”), then the Company shall not be liable to the User for any failure to perform and discharge such obligation for so long as such Force Majeure Event continues to prevent the Company from performing and discharging such obligation.
No failure on the part of the Company to exercise, and no delay on the part of the Company in exercising, any right or remedy under these Terms of Service shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy.
The Company shall be entitled to, by written notice to the User, amend, supplement, update, revise or otherwise modify these Terms of Service at any time and at its sole discretion and such changes shall take effect on the date specified in such notice.
Any notice or other communications may be sent by the Company to the User by any of the methods set out below and shall be deemed received by the User on:
if sent via any print or electronic media, the date of publication or broadcast;
if sent by post or left at the User’s address as specified in the Company’s records, the day after such posting or on the day it was left at such address; or
if sent by email to the User’s email address as specified in the Company’s records, the time recorded by the email server or service which the Company uses as the time at which the email was sent by the Company.
Nothing in these Terms of Service shall constitute or be construed to constitute or tend to establish a partnership between the User and Company for any purpose whatsoever and the Company shall not be liable in any way for any of the User’s promises, engagements, obligations, contracts, debts, warranties or representations, or any of the User’s wilful acts or default or negligence.
Definitions and Interpretation
In these Terms of Service, the following words and phrases shall have the respective meanings set out below unless the context otherwise requires:
“Appointment” has the meaning ascribed to it in Clause 1.3.
“Appointment Date” has the meaning ascribed to it in Clause 1.4.
“Company” has the meaning ascribed to it at the beginning of these Terms of Service.
“Claims” has the meaning ascribed to it in Clause 7.2.
“Fees” means the fees payable for the provision of the Service at the prevailing price specified on the Purchasing Platform accessed by the User to purchase or request the provision of the Service.
“Force Majeure Event” has the meaning ascribed to it in Clause 13.3.
“Information” has the meaning ascribed to it in Clause 3.1.
“Intellectual Property Rights” means all existing, contingent and future intellectual property rights of whatever nature throughout the world including all rights conferred under any law, whether existing now or at any time in the future, including rights in all copyright, patents, trade and information, trade secrets, trade marks, inventions, rights in designs, topographies, trade and business names, goodwill, reputation, rights in confidential information, logos, service marks, and know-how, in each case whether registered or unregistered, and includes the right to apply for or renew the registration of such rights.
“Platforms” means the websites, mobile applications, channels or platforms used in connection with the Service, including the Purchasing Platform, and “Platform” means any one of them.
“Rules” has the meaning ascribed to it in Clause 12.1.
“Terms of Service” means these Terms and Conditions of Styling Service.
“User” means the person who purchased the voucher for the provision of the Service, the person who submitted the request for the Appointment or the person who attends the Appointment.
“User Content” means any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that the User submits to the Company or post to Platforms operated by the Company or its related corporations, or otherwise provide to the Company.
In these Terms of Service, unless the context otherwise requires:
headings are for convenience only and do not affect the interpretation of these Terms of Service;
words importing the singular include the plural and vice versa;
words importing a gender include any gender;
when capitalised, other parts of speech and grammatical forms of a word or phrase defined in these Terms of Service have a corresponding meaning;
the words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import;
a reference to a "day" means a calendar day; and
any reference to a time of day is a reference to Singapore time unless otherwise stated.