- A. INTRODUCTION
- 4. Bulbs reserves the right to change, modify, suspend or discontinue all or any part of this Platform or the Services at any time or on notice as required by local laws. Bulbs may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Bulbs may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability.
- 5. Bulbs reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
When you create an Account and when you use the Platform or the Services, you represent and warrant that:
- (a) if you are an individual, you are at least 18 years of age; and
- (b) if you are representing a company, sole proprietorship, general partnership, limited liability partnership or any other business organisation:
- (i) the business organisation is either incorporated or registered with the Accounting and Corporate Regulatory Authority of Singapore or any other national regulator of business entities and is authorised under its constitutive documents to conduct business with Bulbs in accordance with the laws of Singapore or the laws of the jurisdiction in which it is incorporated or registered; and
- B. PRIVACY
- (ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Bulbs; and
- (iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Bulbs’ prior written consent.
- 2. Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) agree that, they will (i) comply with all applicable personal data protection or data privacy laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENCE
3.2 By using or accessing the Services you acknowledge Bulb’s right, title and interest in the copyright, trade marks, and all other applicable property rights in the Intellectual Property and in connection with the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content.
3.3 You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.4 You are welcome to link your website to the Platform, provided that your website does not state or imply any endorsement by or association with Bulbs. You acknowledge that Bulbs may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require you to register for an Account by selecting a unique user identification (“User ID“) and password, and to provide us with certain personal information. If you select a User ID that Bulbs, in its sole discretion, finds offensive or inappropriate, Bulbs has the right to suspend or terminate your Account.
5.3 You agree to (a) keep your password confidential and secure, and use only your User ID and password when logging in to the Platform, (b) ensure that you log out from your Account at the end of each session on the Platform, (c) immediately notify Bulbs of any unauthorised use of your Account, User ID or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur or which are undertaken under your User ID, password and Account, even if such activities or uses were not committed or undertaken by you. Bulbs will not be liable for any loss or damage arising from unauthorised use of your User ID or password or your failure to comply with this Section; you alone are liable for any such loss or damage.
6.2 You agree not to:
- (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, hateful, inflammatory, offensive, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, sexually explicit, libellous, invasive of another’s privacy, hateful, discriminatory (whether based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise) or is otherwise objectionable;
- (b) violate any laws, including any laws and regulation in relation to distribution, sale, export and import, any third party rights or our Prohibited and Restricted Items policy;
- (c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
- (d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- (f) remove any proprietary notices from the Platform;
- (g) cause, permit or authorise the modification, creation of derivative works, or translation of the Services without the express permission of Bulbs;
- (i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
- (k) access the Bulbs platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
- (l) manipulate the price of any item or interfere with other User’s listings;
- (m) take any action that may undermine the feedback or ratings systems;
- (n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Bulbs with respect to the Services or data transmitted, processed or stored by Bulbs;
- (o) harvest or collect any information about or regarding other Account holders, including any personal data or information;
- (p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
- (s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, trojan horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
- (t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
- (u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- (v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- (w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- (x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
- (y) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
- (z) infringe the rights of Bulbs, including any intellectual property rights and property rights of Bulbs;
- (aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
- (bb) list items or take any actions which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others, whether by listing or selling items that are counterfeit or otherwise; or
- (cc) list any items which result in or take any actions which are in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, whether by listing items that are stolen or otherwise.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Bulbs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on or through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by law, under no circumstances will Bulbs be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
7.1 Violations of this policy may result in a range of actions, including any or all of the following:
- (a) deletion or required amendment of any listings by the User;
- (b) limits imposed on the Account rights and privileges of the User;
- (c) Account suspension or subsequent termination, or both;
- (d) reporting of the User to the relevant authorities; and
- (e) civil claims against the User, including a claim for damages or interim or injunctive relief or all of them.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 You acknowledge that Users are independent individuals or entities and they are not associated with Bulbs in any way and that Bulbs is neither the agent nor representative of Users and that Bulbs does not hold or own any of the items listed on the Platform.
8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your intellectual property right or your principal’s intellectual property right has been infringed, please notify us in writing by email to email@example.com and provide us the documents and information requested below to support your claim. Do allow us time to process the information provided. Bulbs will respond to your complaint as soon as practicable.
8.3 Complaints under this Section must be provided in the form prescribed by Bulbs, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of ownership of the intellectual property right; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Bulbs to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed based on Informant’s good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of our reliance on the information provided by the Informant, and that the Informant warrants that the Informant and (where the Informant is not the IPR Owner) that the IPR Owner owns the intellectual property right and that the Informant is duly authorised to act on IPR Owner’s behalf in respect of the complaint.
9. PURCHASE AND PAYMENT
9.1 Bulbs supports such payment methods as are stated on the Platform, which are subject to change from time to time on Bulbs posting information on the available payment methods on the Platform.
9.2 Buyers may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Bulbs takes no responsibility and assume no liability for any loss or damages to Buyers arising from shipping information or payment information entered by Buyers or from wrong or incorrect remittances by Buyers in connection with the payment for the goods or services purchased. We reserve the right to check whether a Buyer is duly authorised to use certain payment method, and may suspend the Transaction until such authorisation is confirmed or cancel the relevant Transaction where such confirmation is not available.
10.1 When a Buyer places an order for an item listed by a Seller on the Platform, the Buyer shall choose an available delivery option specified by the Seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The Seller is responsible for ensuring all the information (including delivery fees, delivery dates and delivery method) specified by the Seller in relation to delivery of each listed item. The Seller shall charge only the delivery fees applicable to the delivery method chosen by the Buyer, as stipulated at the time when the Buyer places an order.
10.2 Sellers are solely responsible for delivering sold items to Buyers via the delivery option chosen by the Buyer. You acknowledge and agree that Bulbs has no control over any delivery of the items sold through the Platform or the Services, including but not limited to the delivery fees, delivery methods and delivery dates specified by Sellers.
10.3 Unless otherwise agreed with Bulbs, Seller shall make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, the delivery date, etc. to the Buyer, through the Platform.
10.4 Each Seller shall use his, her or its best efforts to ensure that Buyer receives the purchased items within the time period specified by the Seller on his, her or its listing. Buyers are encouraged to choose a tracked or registered delivery option (where available) to reduce the risks of uncompleted or delayed deliveries. In the event of any tracked delivery that does not arrive or complete, a Seller may be required to provide valid proof of delivery that allows Bulbs to verify that the item was dispatched to the address provided by the Buyer for the specific order.
10.5 Users understand that each Seller bears all risks attached to the delivery of purchased items and that Sellers shall be solely liable for any damaged or lost items or delayed or incomplete deliveries. Each Seller represents, undertakes and warrants that he, she or it has or will obtain adequate insurance coverage for the delivery of purchased items. In the event purchased items are damaged, lost or fail to be delivered for any reason during the course of delivery, Users acknowledge and agree that Bulbs will not be liable for any damage, expense, cost or fees as a result of or so arising and the relevant Seller and Buyer will reach out to the logistic service provider to resolve such dispute. In any event, Bulbs is not responsible for any delays, delivery failures, damages, or losses resulting from the delivery of items purchased by Buyers from Sellers through the Platform or the Services.
10.6 Users understand and acknowledge that, where a listing states that the item will ship from overseas, such item is being sold from a Seller based outside of Singapore, and the import and export of any such product is subject to the laws and regulations of the country where that Seller is from. Users should familiarise themselves with all import and export restrictions that apply to the import, export and purchase of products to or from outside Singapore. Users acknowledge that Bulbs cannot provide any legal advice in this regard and agrees that Bulbs shall not bear any risks or liabilities associated with the import and export of such items to Singapore.
11. CANCELLATION, RETURN, REFUND AND DISPUTES
11.1 If you, in the capacity of a Buyer, place an order to purchase an item on the Platform and the order is accepted by the Seller of that item, you are obliged to complete the Transaction with the Seller and to be bound by such terms and conditions specified by the Seller on the Platform for that item, and there will be strictly no cancellation, refund, return, or change of the order, unless:
- (b) the item does not conform to the Seller’s description in a material way; or
- (c) a manifest error exists in the item listing information which materially affects the terms of the sale;
- (d) the item purchased is spoilt, defective, broken, or results in food poisoning, food allergies or any other effect that objectively harms you, the Buyer; or
- (e) the Seller is unable to fulfil the order for any reason,
in which case, the Seller shall be obliged to resolve the matter with you, whether this may be to allow you to cancel the order and obtain a full refund of the price paid (whether or not you are obliged to return the delivered item as a condition for such refund).
11.2 In the event a problem arises in a Transaction, the Buyer and Seller to that Transaction agree to communicate with each other first to attempt to resolve such dispute by mutual and amicable discussions, and failing which, Bulbs shall use commercially reasonable efforts to facilitate such discussions. If the matter cannot be resolved by mutual and amicable discussions, and Bulbs declines to exercise its rights under Section 11.5, the Buyer and Seller may approach the mediation services centre, small claims tribunal or courts within either or both of their respective jurisdictions to resolve any dispute arising from such Transaction.
11.3 A Buyer may cancel an order for an item at any time before acceptance of the order by the Seller, and has no right to cancel any order for an item that has already been accepted by the Seller.
11.4 In the event of an electronic, computer, server, operational or technical error affecting details and pricing or quantities of an item or any promotion on the Platform, Bulbs reserves the absolute right to rectify such error and to cancel any such Transaction which has been entered into in reliance on the said error, without any liability to either the Buyer or the Seller involved in that Transaction or any other party, other than the refund of the price paid by the Buyer or the Transaction Fee paid by a Seller in respect of any such cancelled Transaction. You acknowledge and agree that their sole remedy for such cancelled Transaction shall be the refund of the price paid by the Buyer or the Transaction Fee paid by the Seller, and that you shall waive any rights at law or in equity against Bulbs, its related corporations or their Affiliates or the Buyer or Seller, including specific performance.
11.5 If a Buyer and a Seller are unable to agree or resolve any dispute in relation to a Transaction, each such User agrees that such dispute shall be finally resolved by Bulbs, which shall be binding and final, subject to any applicable laws and regulations, and Bulbs may (but is not obliged to) in its sole discretion determine:
- (a) that the Transaction should be cancelled, and that a refund of the price paid by the Buyer be processed by the Seller, with or without the Buyer having to return the purchased item as a condition to receiving the refund and whether the Buyer or the Seller shall be liable for the costs of shipping the purchased item to the Seller; or
and each User agrees to comply with all Bulb’s determination and instructions in relation to such dispute in accordance with this section, and each User further agrees to release Bulbs, its related corporations and their Affiliates from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any disputes with other Users.
11.6 In the event a problem arises in a Transaction, the Buyer and Seller to that Transaction agree to communicate with each other first to attempt to resolve such dispute by mutual and amicable discussions, and failing which, Bulbs shall use commercially reasonable efforts to facilitate such discussions. If the matter cannot be resolved by mutual and amicable discussions, and Bulbs declines to exercise its rights under Section 11.5, the Buyer and Seller may approach the mediation services centre, small claims tribunal or courts within either or both of their respective jurisdictions to resolve any dispute arising from such Transaction.
11.7 Each Buyer and Seller undertakes to and agrees with Bulbs that it shall not bring suit or otherwise assert any claim against Bulbs, its related corporations or their Affiliates (except where Bulbs or its related corporations or Affiliates is or are the seller of the product or service that the claim relates to) in relation to any Transaction made on the Platform or in connection with any Services or any dispute related to any such Transaction.
12. SELLER’S RESPONSIBILITIES
12.1 Each Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sale is updated on that Seller’s listing and that no inaccurate, outdated or misleading information shall be posted.
12.2 Each Seller shall provide Bulbs with all information necessary to present the Seller’s listings, including the Seller’s items list, logo or name, images, prices, and its company or business identity, which for unincorporated businesses includes the owner’s full name and legal address, and for companies includes the company name, registered address, trade name, authorised signatory and unique entity number (UEN) or equivalent overseas registration number. Changes to any such information are to be communicated to Bulbs immediately. The Seller is required to verify the information published on the Platform by Bulbs and immediately point out any mistakes or inaccuracies.
12.3 The price of items for sale will be determined by the Seller at his, her or its own discretion. The price of an item and shipping charges shall include the entire amount to be charged to the Buyer such as goods and services tax, sales tax, value-added tax, tariffs, etc. and the Seller shall not charge the Buyer such amount additionally and separately.
12.4 Each Seller agrees that Bulbs may at its discretion engage in promotional activities to induce Transactions between Buyers and Sellers by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
12.5 For the purpose of promoting the sales of the items listed by Seller, Bulbs may post such items (at adjusted prices) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Bulbs.
12.6 Each Seller shall issue receipts, credit card slips or tax invoices to each Buyer on request.
12.7 Each Seller acknowledges and agrees that Sellers will be responsible for paying all taxes, customs and duties for the item sold and Bulbs cannot provide any commercial, legal or tax advice in this regard. As laws and regulations (including in relation to taxation) may change from time to time, Sellers are advised to seek professional advice if in doubt.
12.8 Each Seller acknowledges and agrees that a Seller’s violation of any of Bulbs’ polices will result in one or more actions from the range of actions being taken by Bulbs against that Seller as stated in Section 7.1.
12.9 Each Seller acknowledges and agrees that the Seller’s is solely responsible for complying with, and shall comply with, all applicable laws and regulations in the jurisdiction in which the Seller is subject to, in relation to the Seller’s provision of products or services or operation of the Seller’s business and commercial activities, including but not limited to the guidelines and rules of the Home-Based Small Scale Business Scheme administered by the Housing Development Board of Singapore.
12.10 Each Seller shall process orders with all reasonable care and as soon as they are submitted by Buyers. The Seller is required to keep its advertised items available to the best of his, her or its ability.
12.11 Each Seller represents, warrants and undertakes that the products provided, prepared or sold to Buyers are in good quality and safe for consumption. If any products of a Seller are spoilt, defective, broken, or results in food poisoning, food allergies or other effect that objectively harms a Buyer or which does not correspond with the description of the item on the listing in a material way, the Seller shall be fully responsible and legally liable for such incident, and Bulbs shall have no liable for any claim related to such matter.
12.12 Each Seller represents, warrants and undertakes that the products offered are of high quality and that their storage, production and preparation comply with all applicable retail, restaurant and food safety laws and regulations. If a Seller is guilty of or liable for the violation of any such laws and regulations by the relevant authorities, the Seller must notify Bulbs immediately.
12.13 Each Seller represents, warrants and undertakes when registering for an Account and on an ongoing basis that it possesses all licences required by applicable laws and regulations and that there are no ongoing criminal, bankruptcy, insolvency, or tax evasion applications, petitions, investigations or proceedings or outstanding penalties in relation to it or its business.
13. PAID ADVERTISING
13.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising services, your Account must not be suspended.
13.3 You may purchase Paid Advertising services by purchasing advertising credits on the Platform (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits by Bulbs. All Advertising Credits will be subject to goods and services tax and expire after six (6) months of purchase, or such other time as determined by Bulbs. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order or request for a refund after you have purchased Advertising Credits and completed the payment process.
13.4 You have the option to purchase Keyword Advertising services at the time you list an item for sale or subsequently. When you purchase Keyword Advertising, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The Keyword Advertising service for each item will be activated and will expire on the respective dates set by you (the “Paid Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period you set for that item. The Advertising Credits will also not be refunded.
13.5 You have the option to purchase Flash Deal Advertising services during the periods nominated by Bulbs. When you purchase Flash Deal Advertising services, you may nominate items to be included in a flash sale and Bulbs may include such items in a flash sale at its sole and absolute discretion. Advertising Credits are not transferable to other items once used, regardless of whether the items are sold or unsold, or unlisted during the flash sale. The Advertising Credits will also not be refunded.
13.7 You understand and agree that Bulbs does not represent, undertake or warrant any increase in viewership, offers, enquiries or sales of your items as a result of the Paid Advertising services.
14. TRANSACTION FEES
14.1 Bulbs charges a fee for all successful Transactions completed on the Platform (“Transaction Fee”). The Transaction Fee is borne by the Seller, and is calculated as eight point four percent (8.4%) of the price paid by a Buyer for each order, rounded up to the nearest cent. The Transaction Fee is subject to GST (“Tax Amount”), and the Seller is responsible for such Tax Amount.
14.2 Following the successful completion of a Transaction, Bulbs shall deduct the Transaction Fee and the Tax Amount from the price paid by a Buyer for each order, and remit the balance to the Seller. Bulbs shall issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by Seller on request.
14.3 Bulbs may change the amount of or mode of calculation of the Transaction Fee payable by Sellers from time to time and on posting information on the amended amount or mode of calculation of the Transaction Fee on the Platform, and such change shall take effect immediately on such posting except that such change in the Transaction Fee shall not apply to any Transaction completed on the Platform before the information on the change has been posted on the Platform.
14.4 Where a Transaction is cancelled by a Seller under Section 11.1 or 11.2 or where Bulbs determines in accordance with Section 11.5 that a Transaction shall be cancelled or where a dispute occurs in relation to a Transaction, Bulbs is not obliged to refund the Transaction Fee paid by the Seller.
15.1 Bulbs welcomes information and feedback from our Users which will enable Bulbs to improve the quality of service provided. Please refer to our feedback procedure below for further information:
- (i) Feedback may be made in writing through email to or using the feedback form found on the Platform, or you may email your feedback to us at [firstname.lastname@example.org].
- (ii) Anonymous feedback will not be accepted.
- (iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
- (iv) Vague and defamatory feedback will not be entertained.
16. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY
16.1 The Services are provided “as is” and without any warranties, claims or representations made by Bulbs, of any kind, either expressed, implied or statutory, with respect to the Services or the Platform, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by any course of dealing, course of performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, Bulbs does not warrant that the Services, the Platform or the functions contained in the Platform or the Services will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the Platform or the server that makes the Platform or the Services available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
16.2 You acknowledge that the entire risks arising out of the use or performance of the Platform and the Services remains with you to the maximum extent permitted by applicable law.
16.3 Bulbs has no control over and, to the maximum extent permitted by applicable law, does not guarantee, represent, warrant, or accept any responsibility for: (a) the fitness for purpose, existence, quality, safety or legality of products or services available via the Services; or (b) the ability of Sellers to sell products or services or of Buyers to pay for items. If there is a dispute involving one or more Users, such Users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release Bulbs, its related corporations and their Affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.
16.4 To the maximum extent permitted by applicable law, in no event shall Bulbs be liable whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for:
- (i) any:
- (a) loss of use;
- (b) loss of profits;
- (c) loss of revenues;
- (d) loss of data;
- (e) loss of good will; or
- (f) failure to realise anticipated savings,
in each case whether direct or indirect; or
- (ii) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use this site or the services, including any damages resulting therefrom, even if Bulbs has been advised of the possibility of such damages.
16.5 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Platform or the Services is to request for termination of your account or to discontinue any use of the Platform or the Services.
16.6 If, notwithstanding these Terms of Services, Bulbs is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, our liability to you or to any third party is limited to S$100.00 (One Hundred Singapore Dollars). If you do not agree to this limit of liability, please do not open an Account or use the Platform or any of its Services.
16.7 Nothing in these Terms of Service shall limit or exclude any liability for death or personal injury caused by Bulbs’ negligence, for fraud or for any other liability on the part of Bulbs that cannot be legally limited or excluded.
17. LINKS TO AND SHARING VIDEOS FROM THIRD PARTY PLATFORMS
17.1 Third party links provided throughout the Platform may allow you to leave this Platform and access third-party websites, mobile applications and social media platforms (“Third Party Platforms”). These links are provided out of courtesy and your convenience only, and the Third Party Platforms they link to are not under the control of Bulbs in any manner whatsoever and you therefore access them at your own risk. Bulbs is in no manner responsible for the contents of any such Third Party Platforms or any links contained within such Third Party Platforms, including any changes or updates to such Third Party Platforms. Bulbs is providing these links merely out of courtesy and your convenience, and the inclusion of any link does not in any way imply or express any affiliation, association, endorsement of or sponsorship by Bulbs of any linked Third Party Platform any of their content.
17.2 If Bulbs allows you to share videos from Third Party Platforms on the Platform, by sharing any content from such Third Party Platforms, you agree to be bound by the terms and conditions of use of such Third Party Platforms.
18. YOUR CONTRIBUTIONS TO THE PLATFORM OR SERVICES
18.1 By submitting Content for inclusion on the Platform or the Services, you represent and warrant that you have all necessary rights and permissions to grant the below-mentioned licences to Bulbs. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Platform and the Services, including the accuracy, reliability, nature, rights clearances, compliance with laws and legal restrictions associated with any Content you so contribute. You hereby grant Bulbs and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content you contribute on, through or in connection with the Platform and the Services in any media formats and through any media channels, including for promoting and redistributing part of the Platform and the Services (and their derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that Content you contribute may be transmitted over various networks and changed to conform and adapt to technical requirements.
19. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
19.1 Each User who contributes to the Platform or the Services any data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance and compliance with the law and any regulatory requirements associated with such Content. Bulbs is not responsible for and does not regularly monitor or check for the accuracy, reliability, nature, rights clearance or compliance with the law and any regulatory requirements associated with any such Content. You will not hold Bulbs responsible for any User’s actions or inactions, including things they post or otherwise make available via the Platform or the Services.
20. USERS’ REPRESENTATIONS AND WARRANTIES
20.1 You represent and warrant that:
21. FRAUDULENT OR SUSPICIOUS ACTIVITY
21.1 If Bulbs, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity or transactions, we may take various actions to protect Bulbs, other Buyers or Sellers, other third parties or you from Chargebacks, Claims, or Reversals, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
- (a) We may close, suspend, or limit your access to your Account or the Services, or suspend the processing of any transaction;
- (b) We may hold, apply or transfer the funds in your Account as required by any orders of a competent court or regulatory body which affect you or your Account, including those issued by courts or regulatory bodies in Singapore or elsewhere and directed to or at Bulbs;
- (c) We may refuse to provide the Services to you now and in the future; and
- (d) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Bulbs or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity or transactions.
21.2 For the purposes of this Section:
- (a) “Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment;
- (b) “Claim” means a challenge to a payment that a Buyer or Seller files directly with Bulbs; and
- (c) “Reversal” means the reversal of a payment by Bulbs because:
- (i) it is invalidated by the Sender’s bank;
- (ii) it was sent to you in error by Bulbs;
- (iii) the sender of the payment did not have authorisation to send the payment (for example: the sender used a stolen credit card);
- (v) Bulbs decided a Claim against you.
22.1 You agree to indemnify, defend and hold harmless Bulbs, its related corporations and their Affiliates (collectively, the “Indemnified Parties“) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
- (a) any transaction made on the Platform, or any dispute in relation to such transaction (except where any of Bulbs, its related corporations or their Affiliates is the Seller in the transaction that the dispute relates to);
- (b) the hosting, operation, management or administration of the Services by or on behalf of Bulbs;
- (d) your use or misuse of the Platform or the Services,
- (e) your breach of any law or the rights of a third party; or
- (f) any Content uploaded by you.
23. GENERAL PROVISIONS
23.10 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including the United Kingdom’s Bribery Act, the United States of America’s Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.