Welcome to the iShanghai online store at iShanghai.sg (this “Site”).
1. SITE TRANSACTIONS
We reserve the sole right to reject or refuse any order you place with us for any reason. We also reserve the right not to reveal the reason for doing so. By placing an order, you hereby authorize us to transmit your personal information (including any updated information) or to obtain information about you from third parties, including but not limited to your credit card number or personal records so as to authenticate your identity and validate your credit card. We will, in our utmost ability, to keep the details of your order and payment secure, but in the absence of negligence on our part we will not be held liable for any loss if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
2. CONTENTS & COPYRIGHTS
Unless otherwise indicated, this Site and all contents found herein, including but not limited to text, images, designs, logos, photographs, video clips are copyrighted and owned by iShanghai. You are granted permission without prior writing to download and copy the contents for personal use only such as in blogs or internet magazines with no rights transferred in the process. Well-intentioned links to our site are welcomed and appreciated. You may not reproduce, publish, transmit, distribute, modify or create derivative works from the contents or use the contents for a commercial purpose without prior approval from iShanghai. All other trademarks, logos and copyrights belong to their respective copyright owners and are used in good faith. If you are any of the copyright owners of these stated contents and do not want us to put them in this Site, email to us at [email protected].
3. PRODUCT INFORMATION
We reserve the right at our sole discretion, at any given time, to modify, remove or amend any information found within the Site without prior notice. This may pertain but not limited to features, information or price of available products. By default, the prices indicated in this Site are in US Dollars unless otherwise stated. Certain products and promotions are available exclusively on this Site and not found in our stores or stockists. At times, this Site may contain errors and inaccuracies pertaining but not limited to spelling errors, pricing, promotions, availability. We reserve the right at our sole discretion without prior notice to correct these errors and inaccuracies and also reserve the right to cancel the order(s) which have already been placed.
4. DISCLAIMER & INDEMNITY
The Site and the contents are provided “as is” basis without any representation or endorsement made. We make no warranties of any kind, whether express or implied, in relation to this Site, including without limitation to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from the course of dealing or usage or trade. The use of this Site is at your risk and you assume full responsibility for any costs which may resulted in the use of this Site. By accessing this Site, you agree to indemnify iShanghai, her officers, directors, suppliers and all its subsidiaries from any claim, damage, cost and expense, including legal fees, arising from or related to the use of this Sites and/or your breach of any representation, warranty, or other provision of this Agreement. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder. In an event of a dispute, you agree to in good faith to settle the matter with iShanghai directly without initiating legal proceedings. This Agreement will be governed and construed in accordance with the laws of Singapore and you irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
5. PROHIBITED SUBJECT MATTER AND COPYRIGHT INFRINGEMENT
5.1 Clients may not use the Service to process anything which iShanghai, at its sole discretion, deems Prohibited Subject Matter. Prohibited Subject Matter, as used herein, includes but is not limited to content or other material that iShanghai believes:
(a) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
(b) Comprises copyrighted material used without the express permission of the owner;
(c) Violates or encroaches on the rights of others;
(d) Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
(e) Advocates illegal activity;
(f) Harms anyone, including minors; or
(g) Provides a link to any of the above.
5.2 The Client warrants that the subject matter to be reprinted does not violate the copyright of a third party. Clients also recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure Client’s right to reproduce an image. Clients further warrant that no copyright notice has been removed from any material submitted to iShanghai for printing. Client agrees to fully indemnify and hold iShanghai harmless for all liability, damages and attorney’s fees that may be incurred in any legal action connected with copyright infringement involving the image or images provided or uploaded by the Client or the print produced from such image or images.
5.3 iShanghai reserves the right in refusing to accept any order that iShanghai deems to be Prohibited Subject Matter. Due to the proliferation of digital images and other sources, iShanghai does not pre-inspect images submitted for Prohibited Subject Matter and Copyright Infringement. It is the responsibility of the Client to perform due diligence with this regard. Client shall remain fully liable for the cost of printing even when iShanghai refuses to deliver any print it deems Prohibited Subject Matter.
5.4 In an event of Copyright Infringement, iShanghai reserves the right to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served or to enforce or apply the terms of any of our user agreements or to protect the rights, property or safety of iShanghai, its employees or our users.
6.1 Client agrees to indemnify, defend and hold iShanghai its officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, including but not limited to violations of the provisions of Section 5 above, or any activity related to Client’s use of the Services (including negligent or wrongful conduct) by Client or any other person accessing or using the Service using Client’s account and/or (ii) a claim that an image submitted to and printed by iShanghai is Prohibited Subject Matter or infringes third party intellectual property rights.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
7.1 ALL SERVICES PROVIDED BY ISHANGHAI ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
7.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISHANGHAI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ISHANGHAI MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISHANGHAI MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH ISHANGHAI OF PRESS SITE OR ADVERTISED THROUGH ISHANGHAI’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ISHANGHAI OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ISHANGHAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ISHANGHAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ISHANGHAI SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ISHANGHAI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT. FURTHER, ISHANGHAI WILL HAVE NO LIABILITY TO CLIENT OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED THROUGH THE SITE OR THROUGH THE SERVICE. CLIENT AGREES THAT THE AGGREGATE LIABILITY OF ISHANGHAI TO CLIENT FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS CLIENT HAS PAID TO ISHANGHAI FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY.
8.1 Enforceability. If any provision contained herein is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms and the remainder of these Terms shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable. Notwithstanding the foregoing, however, if the severed or modified provision concerns all or a portion of the essential consideration to be delivered under these Terms by one party to the other, the remaining provisions of these Terms shall also be modified to the extent necessary to equitably adjust the parties’ respective rights and obligations hereunder.
8.2 Force Majeure. iShanghai shall not be liable to Client or any other person for any failure or delay in the performance of any obligation under these Terms due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in these Terms, acts or regulations or priorities of the federal, state or local governments.
8.4 Modification of Terms. iShanghai may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service.
8.6 No Waiver. The failure of iShanghai to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
8.7 Relationship of the Parties. The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, employment or agency relationship between the parties.
8.8 Headings. Paragraph headings are inserted for convenience of reference only and do not form part of these Terms.
8.9 Spoilt or defective goods. In enlisting the service of iShanghai, the customer gives iShanghai the right to dispose spoilt shirts bearing the customer’s design or designs in whatever manner possible which may include selling at a discounted rate or giving them away for free. These spoilt shirts may be due to production errors, manufacturing faults or any other faults which iShanghai and her staff reserve the right to determine.