Terms and Conditions

Terms & Conditions

Terms & Conditions

Welcome to the PartyFairy website and/or mobile app. Please read these terms and conditions carefully. Please refer to Annex A for defined terms.

PartyFairy.com is a sales and marketing platform (wholly owned and operated by the Company) which enables Sellers to sell or market Items to Customers.

A Contract is formed between the Seller and the Customer when a Customer places an order for an Item on PartyFairy at the Listed Price. The Company charges the Seller a Commission Fee and a Payment Gateway Fee on each Contract.

The User hereby agrees to all obligations set out in Terms and Conditions.

Terms And Conditions

By signing up as a User on PartyFairy, the User agrees to the following terms.

The Company reserves the right to amend, modify or update these terms from time to time. Accordingly, the User is encouraged to view these Terms and Conditions prior to each time using PartyFairy.

References to “this Agreement” include all amendments, additions and variations thereto agreed between the Parties.

  1. 1. General use of services and/or access of platform
    1. 1.1 The User agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of services provided through PartyFairy and/or access to PartyFairy, as well as any amendments to the aforementioned, issued by the Company, from time to time. The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and the User shall be deemed to be aware of and bound by any changes to the foregoing upon their publication on PartyFairy.
    2. 1.2 The User agrees and undertakes not to:
      1. (a) impersonate any person or entity or to falsely state or otherwise misrepresent the User’s affiliation with any person or entity;
      2. (b) use PartyFairy or any services provided through PartyFairy for illegal purposes;
      3. (c) attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to PartyFairy or any services provided through PartyFairy;
      4. (d) post, promote or transmit through PartyFairy or any services provided through PartyFairy any prohibited materials, which includes any information, graphics, photographs, data and/or any other material that:
        1. i. contains any computer virus or other invasive or damaging code, program or macro;
        2. ii. infringes any third-party Intellectual Property or any other proprietary rights;
        3. iii. is defamatory, libellous or threatening;
        4. iv. is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
        5. v. is or may be construed as offensive and/or otherwise objectionable, in the Company’s sole opinion.
      5. (e) interfere with another’s utilisation and enjoyment of PartyFairy or any services provided through PartyFairy;
      6. (f) use or upload, in any way, any software or material that contains, or which the User has reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt PartyFairy’s data or damage or interfere with the operation of another User’s computer or mobile device or PartyFairy or any services provided through PartyFairy; and
      7. (g) use PartyFairy or any services provided through PartyFairy other than in conformity with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
    3. 1.3 The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, PartyFairy or any services provided through PartyFairy and shall not be liable if any such upgrade, modification, suspension or removal prevents the User from accessing PartyFairy or any services provided through PartyFairy.
    4. 1.4 The Company reserves the right, but shall not be obliged to:
      1. (a) monitor, screen or otherwise control any activity, content or material on the PartyFairy and/or through any services provided through PartyFairy. The Company may in its sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
      2. (b) prevent or restrict access of any User to PartyFairy or any services provided through PartyFairy;
      3. (c) report any activity the Company suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
      4. (d) to request any information and data from the User in connection with the User’s use of any services provided through PartyFairy and/or access of PartyFairy at any time and to exercise the Company’s right under this paragraph if the User refuses to divulge such information and/or data or if the User provides or if the Company has reasonable grounds to suspect that the User has provided inaccurate, misleading or fraudulent information and/or data.
  2. 2. Use of Services
    1. 2.1 In addition to all other terms of this Agreement, the provisions in this Clause 2 are the additional specific terms and conditions governing the User’s use of PartyFairy and any services provided through PartyFairy.
    2. 2.2 Use of the Services is limited to authorised Users who aged 18 years or older pursuant to the Civil Law Act (Chapter 43), and who have the legal capacity to enter into and form contracts under any applicable law. Users who have breached or are in breach of the terms and conditions contained herein and Users who have been permanently or temporarily suspended from use of any of the services provided through PartyFairy may not use such services even if they satisfy the requirements of this Clause 2.2.
    3. 2.3 The User agrees:
      1. (a) to access and/or use the services provided through PartyFairy only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the services provided through PartyFairy in good faith; and
      2. (b) to ensure that any information or data the User posts or causes to appear on PartyFairy in connection with services provided through PartyFairy is accurate and agrees to take sole responsibility for such information and data.
    4. 2.4 Descriptions of all Items sold on PartyFairy are provided by the respective Sellers. While the Company intends to curate and inspect such descriptions, the Company does not warrant that such description is accurate, current or free from error.
    5. 2.5 Users placing an order for alcohol on PartyFairy for the purchasing, receiving and consumption of liquor must be aged 18 years or older under the Customs Act (Chapter 70) and Customs (Liquor Licensing) Regulations. The Company reserves the right to refuse to deliver alcohol to any person who cannot produce valid photo identification for verification purposes.
    6. 2.6 The Company does not warrant that any food items are allergen-free. The User acknowledges that certain food items sold on PartyFairy may contain allergens such as milk, soy, wheat, and others, or may have come into contact with allergens. The User further assumes responsibility to take reasonable precautions of any food allergies or intolerances.
    7. 2.7 All listing prices of Items are subject to taxes, unless otherwise stated. The Company reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
  3. 3. Customers with PartyFairy accounts
    1. 3.1 Use of any services provided through PartyFairy may require creation of an account with the Company or for the User to provide personal data.
    2. 3.2 Where the User requests to create an account with PartyFairy, a username and password may either be:
      1. (a) determined and issued to the User by the Company; or
      2. (b) provided by the User and accepted by the Company in its sole and absolute discretion in connection with the use of services provided through PartyFairy and/or access to PartyFairy.
    3. 3.3 The Company may at its sole and absolute discretion, request that the User updates its personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by the User or arising out of or in connection with or by reason of such request or invalidation.
    4. 3.4 The User hereby agrees to change its password from time to time and to keep the Username and Password confidential. The User shall be responsible for the security of its account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.
    5. 3.5 The User agrees to notify the Company immediately if the User has knowledge that or has reason to suspect that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if the User’s personal data requires updating.
    6. 3.6 The User agrees and acknowledges that any use of the services provided through PartyFairy and/or any access to PartyFairy and any information, data or communications referable to the User’s username and/or password shall be deemed to be, as the case may be:
      1. (a) access to PartyFairy and/or use of the services provided through PartyFairy by the User; or
      2. (b) information, data or communications posted, transmitted and validly issued by the User.
    7. 3.7 The User agrees to be bound by any access of PartyFairy and/or use of any services provided through PartyFairy (regardless of whether such access or use are authorised by the User) and the User agrees that the Company shall be entitled to act upon, rely on or hold the User solely responsible and liable in respect thereof as if the same were carried out or transmitted by the User.
    8. 3.8 The User further agrees and acknowledges that the User shall be bound by and agrees to fully indemnify the Company against any and all losses attributable to any use of any services provided through PartyFairy and/or access to PartyFairy referable to the User’s username and password.
  4. 4. Fees & Payment Policy
    1. 4.1 Users will only be able to pay for their purchased Items via the Company’s selected Payment Gateway Service Provider in Singapore Dollars.
    2. 4.2 All fees that appear on PartyFairy will be in Singapore Dollars.
  5. 5. Intellectual Property Policy
    1. 5.1 The intellectual property in and to PartyFairy and the materials are owned, licensed to or controlled by the Company, the Company’s licensors and/or the Company’s service providers. The Company reserves the right to enforce its intellectual property to the fullest extent of the law.
    2. 5.2 No part or parts of PartyFairy, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without the Company’s prior written permission or that of the relevant copyright owners.
    3. 5.3 Subject to Clause 5.3, permission will only be granted to the User to download, print or use the materials for personal and non-commercial uses, provided that the User does not modify the materials and that the Company or the relevant copyright owners retains all copyright and other proprietary notices contained in the materials.
    4. 5.4 The trademarks are registered and unregistered trademarks of the Company and/or third parties. Nothing on PartyFairy and in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without the Company’s written permission or any other applicable trademark owner.
  6. 6. No Warranty
    1. 6.1 The User acknowledges and agrees that the use of PartyFairy is on an “as is” and “as available” basis, and that the User’s use of or reliance upon any content, Items or services accessed or obtained therein is at the User’s sole risk and discretion.
    2. 6.2 The Company does not represent or warrant that:
      1. (a) the use of PartyFairy will be secure, timely, uninterrupted or error free or that it will be compatible or operate in combination with any other hardware, software, system or data;
      2. (b) PartyFairy will meet the User’s requirements or expectations;
      3. (c) errors or defects in the website will be corrected;
      4. (d) PartyFairy or its servers are free of viruses or other harmful components; and
      5. (e) the security of any information transmitted by the User or to the User through PartyFairy or the services provided through PartyFairy, and the User accepts the risk that any information transmitted or received through PartyFairy or the services provided through PartyFairy may be accessed by unauthorised third parties and/or disclosed the Company or the Company’s officers, employees or agents to third parties purporting to be the User or purporting to act under the User’s authority.
    3. 6.3 All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
    4. 6.4 The use of the website may be subject to limitations, delays due to routine maintenance or upgrade or otherwise, and other problems inherent in the use of the internet and electronic communications (including problems inherent to the computer or electronic devise you use). PartyFairy is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
    5. 6.5 The User acknowledges and agrees that there may be risks of dealing with Sellers acting under false pretences. The Company shall use reasonable endeavours to verify the accuracy of certain information provided by Sellers, but shall not be responsible for any losses resulting from dealing with Sellers acting under false pretences.
    6. 6.6 No advice or information, whether oral or written, obtained by the User from the Company or from PartyFairy shall create any representation, warranty or guarantee. Furthermore, the User acknowledges that the Company has no obligation to support or maintain PartyFairy.
  7. 7. Limitation of Liability
    1. 7.1 The User hereby irrevocably agrees and acknowledges that the Company shall not be liable for any direct, indirect or consequential loss; loss of profits, revenue, or anticipated savings, even if in each case, the relevant Users have been advised of the possibility of such loss or damage, that may arise in connection with the Contract or the Items contemplated in said Contract.
    2. 7.2 There is no relationship of trust, agency, partnership or employment created by these Terms and Conditions. Therefore, the Company is not responsible for any claims for injuries, illnesses, damages, liabilities and costs that the User may suffer, directly or indirectly, in full or in part, whether related to the performance of the Contracts.
    3. 7.3 In addition, the User hereby irrevocably agrees to waive and release the Company from any liabilities that may arise from or are in connection to:
      1. (a) any act, inaction or omission by the User in the provision of any Items, including, but not limited to, the User’s failure to comply with the applicable law and/or failure to abide by the agreed terms of any Contract; and
      2. (b) any action, inaction or omission by a Seller.
    4. 7.4 The User acknowledges and accepts that there may be interruptions in the availability and/or functionality of PartyFairy or events that are beyond the Company’s control. While the Company uses reasonable efforts to keep PartyFairy accessible, PartyFairy may be unavailable from time to time for any reason including, without limitation, routine maintenance or upgrading. The Company shall not be liable for any direct, indirect or consequential loss; loss of profits, revenue, or anticipated savings.
    5. 7.5 To the fullest extent permitted by law, in no event will the Company, its directors, employees, partners, suppliers, or content providers to PartyFairy be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages:
      1. (a) resulting from the User’s access to or use of PartyFairy, or inability to access or use the services;
      2. (b) for any lost profits, data loss, or cost of procurement or substitute items or services; or
      3. (c) for any conduct of content of any third party on the application. In no event shall the company’s liability for direct damages be in excess of (in the aggregate) one hundred (100) Singapore Dollars.
  8. 8. Dispute Resolution
    1. 8.1 The User agrees and acknowledges that in the event of any dispute between it and a Seller in relation to the provision of Items pursuant to a Contract, whether or not also in relation to the Listed Price, if such dispute is brought to the attention of the Company, the relevant Users shall use best efforts to provide the Company with any information requested, and shall accept any decision made by the Company to resolve such dispute.
    2. 8.2 For avoidance of doubt, the reference to any decision made by the Company in Clause 8.1 above shall include any decision made by the Company in relation to the release or return of part of or all of the Listed Price.
    3. 8.3 In the event of inter alia, any breach of these Terms and Conditions, the provision relating to Indemnity under Clause 9 shall apply.
  9. 9. Indemnity

    The User shall indemnify and hold harmless the Company, its affiliates, and the Company’s and its affiliates’ owners, shareholders, officers, directors, associates, agents, successors, and assigns (each a “Indemnified Party”) from and against any and all claims, losses (including without limitation, all damages, expenses, fees, fines, penalties, court costs, and attorneys’ fees), liabilities, demands, suits and causes of action of every kind and character (“Losses”), regardless of the form of action brought against any Indemnified Party, without limit and without regard to the cause or causes thereof or the negligence of any party or parties, arising from or through any act or omission of the User in connection to the use of PartyFairy and/or the User’s breach of the Terms and Conditions other than any Losses due solely to the gross negligence or wilful misconduct of any Indemnified Party.

  10. 10. Applicable law and Jurisdiction
    1. 10.1 The User agrees that the laws of the Republic of Singapore, without regard to principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between the User and the Company.
    2. 10.2 The courts of the Republic of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of or in connection with these Terms and Conditions.
  11. 11. Privacy
    1. 11.1 The User agrees to keep confidential private links issued to the User, launch dates and any additional benefits given to it by the Company.
    2. 11.2 Should any disclosure of privacy that the User makes cause disputes in the PartyFairy community, the Company reserves the right to remove privileges given and/or terminate the User’s account with PartyFairy.
    3. 11.3 The Company values the information the User has provided the Company or permitted the Company to collect. All such personal information in our possession is valued and is collected, used, disclosed and protected in accordance with the PDPA. This Privacy Policy in Schedule 1 applies to PartyFairy, and all activities carried out by the Company through PartyFairy to the extent that the User has been notified that such activities are subject to this Privacy Policy.
  12. 12. Entire Agreement Clause

    These Terms and Conditions and other materials referenced in them are the entire agreement between the User and the Company in connection with its subject matter and supersedes all previous agreements or understanding between the User and the Company.

Annex A

Defined Terms

Unless the context requires otherwise, these have the following meanings in the User’s Terms & Conditions:

  1. 1. Commission Fee – A fee charged by the Company and borne by the Seller on each Contract.
  2. 2. Company - Rubina Watch Pte Ltd
  3. 3. Contract – A direct legal contract formed between the Seller and the Customer when a Customer places an order for an Item on PartyFairy.Listed Price - Includes 7% GST (if the Seller is GST registered or obliged to GST register pursuant to Singapore IRAS tax filing requirements), the Commission Fee, the Payment Gateway Fee, and any shipping costs and discounts.
  4. 4. Customer(s) – Users that purchase, or attempt to purchase, Items on PartyFairy.com
  5. 5. Item(s) – Goods and/or services being offered for sale on PartyFairy.com
  6. 6. PDPA - Personal Data Protection Act 2012
  7. 7. Payment Gateway Fee - A fee charged by the Payment Gateway Service Provider to the Customer for the usage of the payment gateway upon purchase of Items on PartyFairy.
  8. 8. Payment Gateway Service Provider – Third party providing payments gateway services to PartyFairy thereby allowing Customers and Sellers to transact.
  9. 9. Seller(s) - Individuals or companies offering for sale their goods and/or services on PartyFairy.com
  10. 10. User(s) – Refers to either a Customer or a Seller