HYGGEHOMEY PROVIDES AN ONLINE PLATFORM THAT ALLOWS YOU TO CONNECT WITH AND PURCHASE PROPERTY STAGING SERVICES, ONLINE OR DIRECTLY WITH STAFF OF HYGGEHOMEY.  THESE TERMS OF SERVICE CONSTITUTE AN AGREEMENT BETWEEN YOU AND HYGGEHOMEY, AND YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM AND SERVICES. 

 

Definitions and Interpretation

(1)      In this Agreement, the following expressions shall have the following meanings, unless otherwise provided or the context otherwise requires:

Account” shall have the meaning ascribed to it in Clause 3(1). 

Account-Related Matters” shall have the meaning ascribed to it in Clause 3(6). 

Acknowledgement Slip” shall have the meaning ascribed to it in Clause 4(7)(c)

Additional Items” shall have the meaning ascribed to it in Clause 4(1)(b)(iv).

Additional Third Party Contractor Costs” shall have the meaning ascribed to it in Clause 4(1)(b)(v).

Agreement” means this Agreement and any amendment, update or supplement thereof.

Applicable Law” means the laws of Singapore as contained in any legislation, subsidiary legislation, ministerial regulation, directive, order or common law. 

Authorized Person” shall have the meaning ascribed to it in Clause 4(5)(f).

Badges” shall have the meaning ascribed to it in Clause 4(1)(c).

Booking Request” shall have the meaning ascribed to it in Clause 4(2).  

Booking Request Notification” shall have the meaning ascribed to it in Clause 4(3). 

Booking Request Period” shall have the meaning ascribed to it in Clause 4(3). 

Communication Devices” shall have the meaning ascribed to it in Clause 3(5).

Confirmed Booking” shall have the meaning ascribed to it in Clause 4(4). 

Content” means text, graphics, images, music, software, audio, video, information or other materials.

Content Requirements” shall have the meaning ascribed to it in Clause 8(3)(d)(iv).

Collective Content” means HyggeHomey Content, Your Content and Third Party Content, all of which terms are defined below.

Customer” means any person who submits a Booking Request for any Package listed on the Platform. 

Dispute” shall have the meaning ascribed to it in Clause 17(3).

Home Styling T&Cs” means the terms and conditions to be provided to you by the Stylist for the provision of Styling Services under a relevant Package, and which will constitute an agreement between you and the Stylist upon your acceptance thereof. 

HyggeHomey” or “We” means HyggeHomey Pte. Ltd., a company incorporated under the laws of Singapore and having its registered address at 6 Temasek Boulevard Suntec Tower Four 29th Floor Singapore 038986, and “Us” and “Ours” shall be construed accordingly. 

HyggeHomey Content” has the meaning ascribed to it in Clause 8(1)(a). 

Initial Consultation” shall have the meaning ascribed to it in Clause 4(4)(c).

Initial Consultation Date” shall have the meaning ascribed to it in Clause 4(4)(c).

Letter of Authorization” shall have the meaning ascribed to it in Clause 4(5)(f).

Listing” means a Package (as hereinafter defined) that is listed by a Stylist (as hereinafter defined) as available for purchase via the Platform.

Losses” includes claims, actions, damages, liabilities, proceedings, costs, expenses, penalties, fines, deficiencies.

No Show” shall have the meaning ascribed to it in Clause 6(3).

Package” means a package for the rendering of specific Styling Services as listed on the Platform (as hereinafter defined) by a Stylist (as hereinafter defined). 

Package Details” shall have the meaning ascribed to it in Clause 4(5)(g).

Parties” means the parties to this Agreement namely, HyggeHomey and you, and “Party” means either you or HyggeHomey.

PayPal” means PayPal Pte. Ltd., the party providing payment services to you and HyggeHomey for the sending and collection of payments under this Agreement.            

PayPal Account” shall have the meaning ascribed to it in Clause 5(1).

PayPal Agreements” shall have the meaning ascribed to it in Clause 5(1).  

PayPal User Agreement” shall have the meaning ascribed to it in Clause 5(1). 

Platform” means the websites, applications and such other online/internet-based platforms through which HyggeHomey provides the Services (as hereinafter defined).

Price” shall have the meaning ascribed to it in Clause 4(1)(a).

 “Privacy Policy” means the privacy policy that is published on our Platform and any amendment, update or supplement thereof.  

Products” means the furniture, fixtures, fittings, accessories and other household products that are listed in and to be used in the provision of Styling Services under a particular Package and which the Stylist may purchase/procure for and on your behalf.

Proprietary Right” means any trademark, copyright, patent, design, moral right, trade secret, know-how, confidential information, right of privacy or publicity, or other intellectual property right or property right. 

Rating” shall have the meaning ascribed to it in Clause 4(1)(a).

Registration Information” shall have the meaning ascribed to it in Clause 3(3).

Relevant Matters” shall have the meaning ascribed to it in Clause 13(1).

Services” means the services that HyggeHomey provides to you under this Agreement, whether through the Platform or otherwise.        

SIAC Rules” shall have the meaning ascribed to it in Clause 17(3).

Singapore Dollars” means the lawful currency of Singapore.

Styling Area” means the particular area within the Styling Venue where the home styling and/or property staging services will be performed/supplied.

Styling Date” means the date on which the Stylist turns up at the Styling Venue to style or stage the Styling Area/render the home styling and/or property staging services.

Styling Services” means the home styling and property staging services offered through the Platform, and, where appropriate in the context in which the term is used, includes the purchase/procurement of the Products.

Styling Venue” shall have the meaning ascribed to it in Clause 4(4)(b).

Stylist” means any person who offers/sells Styling Services/Packages through the Platform. 

Supplier” means a supplier from whom the Stylist purchases/procures the Products (or Additional Items, as may be applicable). 

Tentative Date(s)” shall have the meaning ascribed to it in Clause 4(5)(d).

Third Party” means any person other than you and HyggeHomey. 

Third Party Content” shall have the meaning ascribed to it in Clause 8(2)(a).

Third Party Contractor” means a mover, contractor or other personnel appointed by the Stylist to assist in the performance of the Styling Services. 

Third Party Contractor Services” shall have the meaning ascribed to it in Clause 4(1)(b)(v).

 “Third Party Websites” shall have the meaning ascribed to it in Clause 10(1).

Third Party Website Content” shall have the meaning ascribed to it in Clause 10(1).

Third Party Website Goods and Services” shall have the meaning ascribed to it in Clause 10(1).

Transactional Fee” shall have the meaning ascribed to it in Clause 5(2).

Unauthorized Use” shall have the meaning ascribed to it in Clause 3(5).

User” means any person who accesses or uses the Platform, regardless of whether the person possesses an Account or purchases or provides Styling Services through the Platform.  

Your Content” shall have the meaning ascribed to it in Clause 8(3)(a).

(2)        References to Clauses are references to the clauses of this Agreement.

(3)        The headings to the clauses are for convenience of reference only and shall not affect the construction of this Agreement.

(4)        The words “written” or “in writing” includes any means of visible reproduction.

(5)        Unless a reference is made to any statutory provision as it is currently existing, any reference to a statutory provision shall be construed as including a reference to any statutory modification, consolidation or re-enactment (whether before or after the date hereof) for the time being in force, all statutory instruments or orders made pursuant to it, and any statutory provisions of which it is a consolidation, re-enactment or modification.

 

Key Terms / Fundamental Principles

(1)      This Agreement governs your access to and use of the Platform and Services.  By accepting this Agreement, or otherwise by accessing or using the Platform or Services, you agree that you have read and understood, and will comply with and be bound by this Agreement and our Privacy Policy, which is incorporated by reference in this Agreement.  If you do not agree to any of the terms of this Agreement, you shall not be permitted to access or use the Platform or Services (or any part thereof), and you shall cease to do so immediately.

(2)      We reserve the right, in our sole discretion to amend, update or supplement this Agreement at any time and without prior notice.  If we amend, update or supplement this Agreement, we will post the amendment, update or supplement on the Platform or otherwise provide you with notice of the same.  By continuing to access or use the Platform or Services after we have posted the amendment, update or supplement on the Platform or otherwise notified you of the same, you are indicating that you have read and understood, and will comply with and be bound by this Agreement as amended, updated or supplemented.  If you do not agree to any of the terms of the Agreement as amended, updated or supplemented, you shall not be permitted to access or use the Platform and Services (or any part thereof), and you shall cease to do so immediately.

(3)      We reserve the right, in our sole discretion to modify, suspend or withdraw the Platform or Services (or any part thereof), with or without prior notice, and for any reason (including, without limitation, to carry out maintenance works, investigate security breaches or other operational and commercial reasons).

(4)      Our Platform and Services are intended for use in Singapore, and we do not represent that our Platform and Services will be available or appropriate for use outside Singapore.  If, for whatever reason, you were allowed to create an Account with HyggeHomey or purchase a Package through the Platform notwithstanding that you do not reside in Singapore or that you intend for the Styling Services to be rendered/performed outside of Singapore, then HyggeHomey reserves the right to cancel your Account or refuse to sanction or transmit your Booking Request to the Stylist or otherwise cancel your Confirmed Booking once the foregoing circumstances are known to us.  If we refuse to sanction or transmit your Booking Request to the Stylist or cancel your Confirmed Booking, then the Price will be refunded to you in full, and you shall have no further claim against HyggeHomey or the Stylist whether in connection with our refusal to sanction or transmit your Booking Request to the Stylist or our cancellation of the Confirmed Booking or otherwise. 

 

Account Registration

(1)      You may view Listings and purchase Packages on the Platform as an unregistered User.  However, in order to access and use certain features of the Platform or Services,  you will be required to register/create an account with us via the Platform (“Account”). 

(2)      You must be at least 18 years of age in order to purchase a Package or create an Account.

(3)      During the registration process, or otherwise when purchasing a Package through the Platform, you may be asked to provide certain personal information/particulars (“Registration Information”), and you represent and warrant that all Registration Information provided are true, accurate and complete at the time of registration and undertake to update all such Registration Information if at any time during the term of this Agreement such information becomes untrue, inaccurate or incomplete.

(4)      You shall not create or attempt to create more than one Account for your own use, nor shall you purchase a Package or use the Services or attempt to do the foregoing through/by using an Account or Communication Device belonging to another person.

(5)      Conversely, you shall not create an account or purchase a Package for and on behalf of, or allow your Account to be accessed or used by another person, and you agree to keep your Account username and password confidential.  In the same vein, you shall ensure that your computer, mobile phone, email account and any other device which you will use to purchase a Package or communicate with Stylists in connection with the Styling Services (“Communication Devices”) will not be accessed or used by another person for purposes of communicating with the Stylists.  Accordingly, you shall be solely responsible for any activities generated by your Account and any communications made through your Communication Devices (including, without limitation, in relation to your submission of a Booking Request or the provision of Styling Services by the Stylist), whether or not you have authorized such activities and communications.

If you suspect or become aware that your Account or any of your Communication Devices have been or are being accessed or used by another person without your consent (“Unauthorized Use”), you must immediately notify HyggeHomey of such Unauthorized Use, and you shall take all steps as may be necessary to stop and prevent the Unauthorized Use or further Unauthorized Use (as the case may be).

(6)      You agree that HyggeHomey may, in our sole discretion, refuse to register, suspend or cancel your Account  or refuse to sanction a Booking Request or cancel a Confirmed Booking if (i) you are not of age, (ii) your Registration Information is untrue, inaccurate or incomplete, (iii) you create or attempt to create more than one Account, or you purchase a Package or use the Services or attempt to do the foregoing through/by using an Account or Communication Device belonging to another person, (iv) you create an account or purchase a Package for and on behalf of, or allow your Account or any of your Communication Devices to be accessed or used by another person, or (v) your Account or any of your Communication Devices are subject to Unauthorized Use (“Account-Related Matters”).

 

Home Styling Services -- Process

(1)      You will be able to purchase a Package on the Platform on and subject to the following terms and conditions:

(a)      The Listing will contain (i) a description of the Styling Services, (ii) an itemisation of the Products, their source (i.e., the Supplier(s) from whom the Products will be obtained) and their specifications, (iii) one or more images of the end-result of the Styling Services, (iv) the price of the Package (“Price”), (v) the Stylist’s preferred schedule for the delivery of the Products and performance of the Styling Services, and (vi) a rating of the Stylist’s services that is given or assigned by the  previous customer or customers of the Stylist (“Rating”).

(b)     You understand and agree that the Price will only cover the following items:

          (i)      the products indicated in the Package/Listing (i.e., the Products);

          (ii)     the Stylist’s fee for rendering/performing the Styling Services (including purchasing/procuring the Products and styling or staging the Styling Area using those Products); and

          (iii)    save as otherwise provided in Clause 4(1)(b)(v) below, delivery charges for the Products and other Third Party Contractor costs. 

Accordingly, you understand and agree that the Price will not cover any item not expressly mentioned above, and specifically, does not include the following:

          (iv)    any additional quantities of the Products or additional items apart from the Products (collectively, “Additional Items”). For the avoidance of doubt, where you have requested for and the Stylist has agreed to procure such Additional Items for you, then the cost of any such Additional Item shall not be included in the Price nor paid through the Platform, but shall instead be paid by you to the Supplier(s) (either directly or through the Stylist); and 

          (v)     such additional charges/costs as may be imposed by a Third Party Contractor owing to the peculiar conditions of the Styling Venue or Styling Area or other circumstances that may render the performance of his or her services (“Third Party Contractor Services”) significantly more difficult/challenging than initially anticipated (“Additional Third Party Contractor Costs”).  For the avoidance of doubt, any and all Additional Third Party Contractor Costs shall not be paid through the Platform, but shall instead be payable by you to the Third Party Contractor (whether directly or through the Stylist). 

(c)     You understand and agree that a Stylist may receive/be assigned one or more ’best of’ badges by HyggeHomey where the Stylist is found to be the best (or amongst the best) in a particular field or area of home styling services (“Badges”). The Badges are issued or assigned by us in our sole discretion, and based on our assessment of and/or Customers’ feedback in relation to Packages delivered by the Stylist through the Platform.

(d)     You understand and agree that we have no control over the placement or ranking of Listings in search results, which is determined by the Platform based on a variety of factors, including but not limited to, the search fields or terms entered by you, and the Stylist’s Rating.

(e)      We reserve the right, in our sole discretion to remove or disable access to any Listing at any time without prior notice and for any reason, including, without limitation, if the Listing does not meet any of our requirements/criteria.

(2)      You will be able to book/purchase a Package by submitting a booking request via the Platform (“Booking Request”).  The Price of the Package will be payable in advance upon your submission of the Booking Request.

(3)      Once you have submitted a Booking Request, HyggeHomey and the Stylist will immediately be notified of your Booking Request through the Platform (“Booking Request Notification”), and the Stylist will be required to acknowledge the Booking Request within 24 hours of the Stylist’s receipt of the Booking Request Notification (“Booking Request Period”).  If the Stylist fails to acknowledge the Booking Request within the Booking Request Period, the Booking Request will be deemed rejected, and the Price will be refunded to you in accordance with Clause 6(1).

(4)      If the Stylist acknowledges your Booking Request, the booking will be confirmed (“Confirmed Booking”), and the Stylist will contact you via WhatsApp text message within 6 hours to do the following:

(a)      Confirm your name and the name and Price of the Package in question;

(b)     Confirm the venue/address to or at which the Products and Styling Services will be delivered and performed (“Styling Venue”); and

(c)      Schedule a 30-minute initial consultation/session with you (“Initial Consultation”) at the Styling Venue within one (1) week of your initial contact with the Stylist or on such other date as may be agreed with you (“Initial Consultation Date”).  You will be required to be personally present at the Initial Consultation.

(5)      On the Initial Consultation Date, you shall be present at the Styling Venue for the following purposes:

(a)      You may discuss the details of the Package with the Stylist, and seek the Stylist’s advice as to the suitability of the Package for your requirements, particularly in view of the dimensions or condition of the Styling Area or Styling Venue as a whole.  The Stylist may also propose suitable modifications to the Package for your consideration.

(b)     The Stylist will take and record such measurements of the Styling Area (or Styling Venue) as may be necessary for the performance of the Styling Services, and you shall provide the Stylist with access to the Styling Venue and Styling Area for this purpose.

(c)      The Stylist will show you all the colours in which the Products are available, and you shall select and confirm your preferred colours with the Stylist.

(d)     The Stylist will provide you with one or more tentative date or dates for the delivery of the Products and performance of the Styling Services, and you shall select and confirm your preferred date or dates with the Stylist (“Tentative Date(s)”).  The Stylist will notify you of any further changes to the Tentative Date(s) following the Initial Consultation.

(e)      The Stylist will inform and/or remind you to obtain such permissions, consents and/or approvals as may be required for the Stylist, Supplier and/or Third Party Contractor to access/enter the premises at which the Styling Venue is located, and communicate such other instructions, requirements and/or requests that the Stylist may have in order to facilitate the delivery of the Products and/or the performance of the Styling Services.

(f)      The Stylist will provide you with a letter of authorization which you will need to issue to/in favour of the person who will be present at the Styling Venue on the Styling Date (“Authorized Person”) in the event that you are unable to be present on that date (“Letter of Authorization”).

(g)     The Stylist will also provide you with the Home Styling T&Cs which will govern the provision/rendering of Styling Services by the Stylist and which will constitute a binding legal agreement between you and the Stylist upon your acceptance thereof.  You shall confirm/finalize the details of the Package with the Stylist (“Package Details”), who will then finalize the order invoice appended to/at the back of the Home Styling T&Cs based on those Package Details.  You will then be required to sign off on and return the Home Styling T&Cs to the Stylist.

(6)      In preparation for the delivery/performance of the Products and Styling Services and prior to the Styling Date, you will be required to do the following:

(a)      Obtain such permissions, consents and/or approvals and comply with such other instructions, requirements and/or requests of the Stylist as indicated in Clause 4(5)(e); and

(b)     Decide on/select a candidate who will act as the Authorized Person in the event that you are unable to be present on the Styling Date, and complete and sign the Letter of Authorization appointing such candidate as the Authorized Person.

(7)      On the Styling Date:

(a)      you or the Authorized Person (as the case may be) shall be present at the Styling Venue to oversee/supervise the delivery of the Products and the performance of the Styling Services (and any Third Party Contractor Services, if applicable) and to address any queries that the Stylist (or Third Party Contractor) may have in the course of the performance of the Styling Services (or Third Party Contractor Services, as the case may be);

(b)     if you are not able to be present in person, the Authorized Person shall provide the signed Letter of Authorization to the Stylist, and, upon the Stylist’s request, produce his or her Identification Card or other means of identification showing that he or she is in fact the Authorized Person; and

(c)      you or the Authorized Person (as the case may be) shall sign the confirmation slip provided by the Stylist acknowledging receipt of delivery of the Package/Styling Services (“Acknowledgement Slip”).  

 

Home Styling Services -- Payment

(1)      When you submit a Booking Request, you will be required to pay the Price to us through the Platform, either through your account with PayPal (“PayPal Account”) or otherwise.  If you choose to make payment through a PayPal Account, then you will need to register and establish such account with PayPal if you do not already have one at the time of payment.  In making payment using PayPal, and particularly when registering and establishing your PayPal Account, you may be asked to accept and enter into binding legal agreements with PayPal (“PayPal Agreements”) including, without limitation, the User Agreement available at https://www.paypal.com/al/webapps/mpp/ua/useragreement-full (“PayPal User Agreement”).  You should read and understand the PayPal Agreements carefully before accepting them and proceeding to make payment.  You shall be solely responsible for any and all of your obligations and liabilities to PayPal under any of the PayPal Agreements. 

(2)     Once you have proceeded to make payment through the Platform, we will hold the Price for the Stylist (whether through PayPal or otherwise) pending our receipt of the scanned copy of the signed Acknowledgement Slip, whereupon the Price will be released to the Stylist (after deducting the transactional fee that we assess for providing the Services (“Transactional Fee”)).

(3)      If you have made payment to us through your PayPal Account, then, notwithstanding any other rights which you may have against us under the PayPal Agreements, you hereby agree that you will only be entitled to submit a dispute or claim to PayPal alleging that a Package was materially different from its description on the Listing (or “Significantly Not As Described” / “SNAD”, as referred to in the PayPal User Agreement) as follows:

(a)      Step 1: Initially, you may file a dispute with PayPal, whereupon HyggeHomey will be asked to try and resolve the dispute with you through amicable means.

(b)     Step 2: If the dispute cannot be resolved, you may escalate the dispute to a claim, whereupon you may be asked to provide/produce certain documents/evidence to support your claim or otherwise allow PayPal to properly evaluate the claim.

(c)      Step 3: If you succeed in your claim:

          (i)      you will generally be required to return the Products to HyggeHomey, unless the Products were counterfeit, in which case the Products need not be returned, and

          (ii)     HyggeHomey will be required to refund the Price to you in full.

Accordingly, you agree as follows:

(d)     You will attempt to resolve the dispute with the Stylist directly through amicable means or otherwise cooperate fully with HyggeHomey in its efforts to resolve the dispute on your behalf (in each case on a best efforts basis) before filing a dispute with PayPal under Step 1.

(e)      In the event that you have filed a dispute with PayPal under Step 1, you will likewise attempt to resolve the dispute with the Stylist directly, or otherwise cooperate fully with HyggeHomey in its efforts to resolve the dispute on your behalf (in each case on a best efforts basis), before escalating the dispute to a claim under Step 2.

(f)      If you succeed in your claim, we will refund the Price to you in full, and you shall have no further claims against HyggeHomey in connection with your claim.

Notwithstanding anything to the contrary in any of the PayPal Agreements, you agree that you shall not submit any other claims to PayPal and you shall have no other rights against HyggeHomey, and HyggeHomey shall have no other obligations or liabilities to you except those mentioned in this Clause 5(3).       

(4)      If you make payment to us otherwise than through a PayPal Account, then, notwithstanding anything to the contrary in any of the PayPal Agreements, you agree that you shall not submit any claims to PayPal (including any SNAD claim referred to in Clause 5(3)) and you shall have no rights against HyggeHomey whatsoever nor shall HyggeHomey have any obligations or liabilities towards you.

 

Cancellations and Refunds

(1)      If the Stylist fails to acknowledge your Booking Request within the Booking Request Period, your Booking Request will be deemed rejected, and the Price will be refunded to you in full.  You shall have no further claim against HyggeHomey or the Stylist whether in connection with the Stylist’s failure to acknowledge your Booking Request or otherwise.

(2)      If a Confirmed Booking is cancelled (either by you or the Stylist) before the Home Styling T&Cs have been signed and returned to the Stylist, the Price will be refunded to you in full, and you shall have no further claim against HyggeHomey whether in connection with the cancellation of the Confirmed Booking or otherwise.

(3)      If the Stylist fails to deliver a Package on the Styling Date after the Home Styling T&Cs have been signed and returned to the Stylist (“No Show”), the Price will be refunded to you in full, and you shall have no further claim against HyggeHomey whether in connection with the No Show or otherwise.

(4)      If you cancel a Confirmed Booking or refuse to accept delivery of a Package after the Home Styling T&Cs have been signed and returned to the Stylist, the Price will be forfeited and you shall not be entitled to a refund of the Price or any part thereof nor will you have any other claim against HyggeHomey whether in connection with your cancellation of the Confirmed Booking or your refusal to accept delivery of the Package or otherwise.  In addition, you shall be solely liable to the Stylist for any and all claims arising from or in connection with your cancellation of the Confirmed Booking or refusal to accept delivery of the Package (including, without limitation, the cost of the Products and any Additional Items, whether under the Home Styling T&Cs or otherwise). 

 

License to use Platform and Content

(1)      Subject to your compliance with this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable licence to:

(a)      access and use the Platform on a device that you own or control solely in connection with your use of the Services;

(b)     access and view any HyggeHomey Content solely for your personal and non-commercial purposes; and

(c)      access and view any Third Party Content to which you are permitted access, solely for your personal and non-commercial purposes.

(2)      For the avoidance of doubt, HyggeHomey reserves all rights not expressly granted to you in this Agreement, and you may not use the Platform, HyggeHomey Content or Third Party Content save as permitted above. 

 

Content

(1)      HyggeHomey Content

(a)      In the course of accessing and using the Platform and Services, you may receive or be exposed to Content that HyggeHomey makes available on or through the Platform, including Content that has been licensed to HyggeHomey by a Third Party, or Third Party Content which have been arranged, compiled or otherwise enhanced by us (collectively, “HyggeHomey Content”).

(b)     You acknowledge and agree that all HyggeHomey Content (and the Proprietary Rights therein) are owned by HyggeHomey or its licensors.

(c)      You will not use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit HyggeHomey Content except as expressly permitted in this Agreement.

(2)      Third Party Content

(a)      We may, in our sole discretion permit Third Parties to post, upload, publish, submit, transmit or otherwise make available Content on or through the Platform (“Third Party Content”), and accordingly, you understand that, by accessing or using the Platform or Services, you may receive or be exposed to such Third Party Content.

(b)     You acknowledge and agree that all Third Party Content (and the Proprietary Rights therein) are owned by the relevant Third Parties or their respective licensors.  Accordingly, you agree that your access and use of such Third Party Content may be subject to separate terms and conditions established by the relevant Third Parties or their respective licensors.

(3)      Your Content

(a)      We may in our sole discretion post, upload, publish, submit, transmit or otherwise make available on or through the Platform Content which you provide to us for this purpose (“Your Content”).

(b)     By providing Your Content to us for the purpose of our making available the same on or through the Platform:

(i)      You hereby grant to HyggeHomey an irrevocable, perpetual, non-exclusive, transferable, sub-licensable and royalty-free licence to make Your Content available on or through the Platform, and to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit Your Content (whether on or through the Platform or otherwise) to promote or market the Platform or Services.  For the avoidance of doubt, we do not claim any ownership rights in any Third Party Content and nothing in this Agreement will be deemed to restrict any rights you may have to use and exploit Your Content.

(ii)     You hereby grant to other Users an irrevocable, perpetual, non-exclusive, transferable, sub-licensable and royalty-free license to access, view, store and reproduce Your Content for their personal and non-commercial use.

(c)      You represent and warrant that you own Your Content (and the Proprietary Rights therein) or otherwise possess the requisite licence, consent, permission or release from the owner to (i) provide Your Content to HyggeHomey for purposes of our making such Content available on or through the Platform (under Clause 8(3)(a)) and (ii) grant the relevant licences to HyggeHomey and other Users (under Clause 8(3)(b)(i) and Clause 8(3)(b)(ii), respectively).

(d)     You warrant that Your Content complies with, and you agree that you will only make Your Content available on the Platform if Your Content complies with the following requirements:

(i)      it does not violate or facilitate the violation of any Applicable Laws;

(ii)     it does not violate or infringe upon the Proprietary Rights or other rights of HyggeHomey or any Third Party;

(iii)    it is not fraudulent, deceptive, untrue, inaccurate or misleading; and

(iv)    it is not defamatory, vulgar, obscene, profane, indecent, pornographic, discriminatory, offensive or otherwise objectionable (collectively, “Content Requirements”).

(4)      You acknowledge and agree that you are solely responsible for Your Content, and, accordingly, you alone shall be liable for any claims arising from or otherwise in connection with Your Content, or your making Your Content available on the Platform, or your granting the license to HyggeHomey or other Users to use Your Content.

(5)      We reserve the right in our sole discretion (but without obligation) to monitor Your Content to ensure compliance with the Content Requirements, and we may in our sole discretion refuse to post, edit, truncate, delete, or remove Your Content from the Platform if Your Content fails to comply with the Content Requirements. 

 

User Conduct

(1)      You agree not to use the Platform or Services to:

(a)      violate or facilitate the violation of any Applicable Law;

(b)     violate or infringe upon the Proprietary Rights or other rights of HyggeHomey or any Third Party;

(c)      send unsolicited communications of any nature for purposes other than your purchase of Styling Services/Packages through the Platform or your use of our Services, including, without limitation, to (i) make payments for any Styling Services/Packages outside and independent of the Platform, (ii) solicit any Stylist or User to join and market their Styling Services through another platform, or (iii) solicit any Customer or User to join and purchase Styling Services from another platform;

(d)     communicate defamatory, vulgar, obscene, profane, indecent, pornographic, discriminatory, offensive or otherwise objectionable information or materials;

(e)      abuse, threaten, stalk, harass, disturb or otherwise inconvenience any other User; or

(f)      falsify your identity, impersonate another person or otherwise misrepresent your affiliation with another person.

(2)      In addition, you agree not to:

  • reverse engineer, disassemble, alter, decompile, reproduce, duplicate, create derivative works from, make copies of, extract information from, distribute, license, sell, transfer, display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services or the HyggeHomey Content or Third Party Content;

(b)     post, upload or transmit any Content that contains viruses, Trojan horses, denial-of-service attacks, spyware, adware or other similar computer code or programs designed to damage, impair, disrupt, interfere with or affect the operation and/or functionality of, or otherwise limit the access, use or enjoyment of the Services or Platform (or its related systems or networks) or the Collective Content, in each case as determined by us in our sole discretion;

(c)      mirror or frame any part of the Platform;

(d)     incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services;

(e)      scrape, index, survey, mine or otherwise retrieve data from the Platform, whether to create or compile a database or directory or otherwise (including through the use of bots, crawlers, spiders or other programs or methods);

(f)      attempt to hack or gain unauthorized access to, tamper with or use non-public areas of the Services or Platform (or its related systems or networks); or

(g)     remove, alter or obscure any copyright, trademark or other proprietary notices incorporated in or accompanying the Platform or Services or HyggeHomey Content or Third Party Content

(3)      For the avoidance of doubt, you may not authorize or assist any Third Party to do any of the things described in Clause 9(1) and Clause 9(2).

 

Linking to and from the Platform

(1)      The Platform may contain links to websites or resources that are owned and operated by Third Parties (“Third Party Websites”).  We do not control nor are we obliged to review or verify any Content (“Third Party Website Content”) made available on, or goods and services sold through Third Party Websites (“Third Party Website Goods and Services”), and we do not endorse nor warrant the accuracy, truthfulness, completeness, reliability or any other aspect of any Third Party Website Content or the legality, timing, pricing, quality of any Third Party Website Goods and Services, or their correspondence to their description or fitness for a particular purpose, or any other aspect thereof.  Accordingly, you acknowledge and agree that your decision to use or rely on any Third Party Website Content and to purchase any Third Party Website Goods and Services shall be at your own risk, and we will not be liable for any Losses arising therefrom or in connection therewith.

(2)      You are permitted to link a website or resource that is owned and operated by you to our Platform’s homepage or any Listing, provided you may not do so in a manner that may damage or take advantage of our reputation or imply that you are endorsed by or affiliated with us.  You agree to cooperate with us in ceasing or causing to cease any linking activity that is not expressly permitted herein.

 

Nature of our Services and Disclaimers

(1)      Our Services are limited to providing/making available an online marketplace or platform (i.e., the Platform) through which you may book/purchase Styling Services and Packages from Stylists, and Stylists may offer/sell such Styling Services and Packages to you.

(2)      We do not make, and hereby disclaim (to the maximum extent permitted by law) any warranty (whether express or implied) regarding, and any liability for Losses suffered by you or a Third Party (whether in contract, tort or other cause of action) as a result of or in connection with this Agreement, or our Platform and Services, and the Collective Content.  In particular, and without prejudice to the generality of the foregoing, you agree to the disclaimers and limitations of liability set out in this Clause 11.

(3)      Losses incurred by you

(a)      Our Platform and Services are provided on an “as is”, “with all faults” and “as available” basis.  We do not warrant that the Platform or Services will be available on a permanent, uninterrupted, secure or error-free basis, or that the Platform (or its related systems and networks) will be free from any computer viruses or other harmful mechanisms, or that Your Content will not be intercepted, deleted, misappropriated or used by a Third Party otherwise than in a manner expressly permitted herein.  Accordingly, you acknowledge and agree that you access and use the Platform and Services, and make Your Content available on the Platform at your own risk, and we will not be liable for any Losses which you may incur as a result of or in connection with your inability to use the Platform or Services (whether as a result of our suspension or withdrawal of the same, or otherwise due to computer viruses or harmful mechanisms), or damage to your computer system or loss of data, or the interception, deletion, misappropriation or misuse of Your Content

(b)     We do not have any control over, nor are we obliged to review or verify any Third Party Content, whilst HyggeHomey Content is provided solely for information purposes.  We do not endorse nor warrant the accuracy, truthfulness, completeness, reliability or any other aspect of any Third Party Content or HyggeHomey Content.  Accordingly, you are advised to seek professional advice and perform your own research or due diligence before you use or rely on any Third Party Content or HyggeHomey Content, and you acknowledge and agree that, should you decide to use or rely on any Third Party Content or HyggeHomey Content, you do so at your own risk, and we will not be liable for any Losses which you may incur as a result of or otherwise in connection with your use or reliance on any Third Party Content or HyggeHomey Content.

(c)      The Stylist is providing the Styling Services as an independent third party contractor, and the Stylist is not an employee or agent or joint venture or other partner of HyggeHomey, and neither does the Stylist act for or on behalf of HyggeHomey.  Any agreement you enter into with a Stylist (including, without limitation, the Home Styling T&Cs) is between you and the Stylist, and HyggeHomey is not a party to any such agreement.

We do not have any control over, and neither are we obliged to conduct any background checks on, nor review or verify the track record or experience as a home stylist of, any Stylist, or otherwise any of the Home Styling Services or Packages or Products.  We do not make any endorsement or warranty regarding the Stylist, the Stylist’s identity, reliability, conduct or any other aspect of the Stylist’s personality, the legality, timing, pricing, quality of the Styling Services, Packages or Products, or their correspondence to their description or fitness for a particular purpose, or any other aspect thereof.

Accordingly, you acknowledge and agree that your decision to enter into any communications, interactions and agreements with any Stylist, whether through the Platform or otherwise (including, without limitation, your decision to submit a Booking Request to, and enter into the Home Styling T&Cs with a Stylist) shall be at your own risk, and we will not be liable for any Losses which you may incur in the course of or otherwise in connection with such communications, interactions and agreements.   

(d)     We do not have any control over, and neither are we obliged to conduct any background or other checks on, any Customer or User other than a Stylist.  We do not endorse any Customer or User nor do we make any warranty regarding the identity, reliability, conduct or any other aspect of any Customer or User.  Accordingly, you acknowledge and agree that your decision to enter into any communications, interactions and agreements with any Customer or User, whether through the Platform or otherwise shall be at your own risk, and we will not be liable for any Losses which you may incur in the course of or otherwise in connection with such communications, interactions and agreements.    

Losses incurred by Third Party

(e)      You agree that you are solely responsible for any communications, interactions and agreements that you enter into with a Stylist, Customer or User (including, without limitation, in relation to the performance of your obligations to a Stylist under the Home Styling T&Cs), and we shall not be liable for any Losses which may be incurred by a Stylist, Customer or User as a result of or in connection with such communications, interactions and agreements.   

(4)      Without prejudice to any of the terms herein, we shall not be liable for any indirect, special, incidental or consequential loss or damage (including, without limitation, loss of profit, business interruption, loss of business opportunity, goodwill or reputation) that may be incurred by you as a result of or in connection with this Agreement, our Platform and Services, or the Collective Content.

 

Indemnity

You shall indemnify HyggeHomey against and hold HyggeHomey completely harmless from any and all Losses (including indirect, special, incidental or consequential losses) that may be incurred by HyggeHomey as a result of any of your acts or omissions in connection with this Agreement, our Platform and Services, and the Collective Content (including, without limitation, in relation to the matters set out in Clause 11(3)(e) above).

 

Investigations and remedial actions

(1)      Without prejudice and in addition to any of our rights under this Agreement or otherwise, HyggeHomey shall be entitled (but not obliged) to conduct investigations in respect of any of the following matters: (i) Account-Related Matters in Clause 3(6), (ii) your non-compliance with Content Requirements under Clause 8(3)(d), (iii) your breach of any of the user conduct provisions under Clause 9, (iv) your breach of any other term of this Agreement, (v) any other conduct or incident involving you which jeopardizes the safety of HyggeHomey and its Users or which is otherwise undesirable, in each case as determined by HyggeHomey in our sole discretion (“Relevant Matters”).

(2)      In addition to our right to investigate, we will also be entitled in our sole discretion to terminate this Agreement in accordance with Clause 14(3), or otherwise suspend your Account, Booking Request or Confirmed Booking, or refuse to sanction or transmit your Booking Request to the Stylist, upon the occurrence of any Relevant Matter without prior notice, and whether in the course of, further to or otherwise independent of our investigations.

(3)      Where your Account, Booking Request or Confirmed Booking has been suspended, we may decide to lift the suspension/re-activate your Account, Booking Request or Confirmed Booking (as the case may be) if we are satisfied that the Relevant Matter or Relevant Matters leading to the suspension of your Account, Booking Request or Confirmed Booking has or have been resolved and there is no significant risk of recurrence of such Relevant Matter(s).

(4)      You agree that, where your Account, Booking Request or Confirmed Booking has been suspended due to the occurrence of a Relevant Matter, you shall not purchase a Package or use the Services or attempt to do the foregoing through/by using an Account or Communication Device belonging to another person before the said suspension has been lifted.

(5)      Where we refuse to sanction or transmit a Booking Request to the Stylist due to the occurrence of a Relevant Matter, the Price will be refunded to you in full, and you shall have no further claim against HyggeHomey whether in connection with our refusal to sanction or transmit the Booking Request to the Stylist or otherwise. 

 

Term and Termination

(1)      This Agreement shall come into effect on the date of your acceptance thereof and shall continue in force and effect unless otherwise earlier terminated in accordance with the provisions of this Agreement.

(2)      This Agreement shall automatically terminate if the Platform or Services is withdrawn by HyggeHomey.

(3)      HyggeHomey may terminate this Agreement immediately without notice if you are involved or suspected to be involved in a Relevant Matter, and such Relevant Matter is, in our sole opinion, not capable of being remedied or rectified, or, if capable of being remedied or rectified, is not remedied or rectified to our satisfaction within thirty (30) days of the written notice issued by us requiring such Relevant Matter to be remedied or rectified.

(4)      The termination of this Agreement is without prejudice to any accrued rights of any Party for any prior breach of this Agreement and to any provisions of this Agreement which are intended by the Parties to survive termination.

 

Consequences of Termination

The following consequences will apply upon the termination of this Agreement:

(1)      We will cancel your Account if it has not already been cancelled.

(2)      Regardless of the ground of termination, you shall not purchase a Package or use the Services or attempt to do the foregoing through/by using an Account or Communication Device belonging to another person.

(3)      The following provisions will apply in terms of the required action and consequences pertaining to Booking Requests and Confirmed Bookings:

         (a)      You shall not submit any further Booking Requests through the Platform.

         (b)      Where there is a Confirmed Booking in respect of which the Home Styling T&Cs have not been signed and returned to the Stylist, then regardless of the ground of termination, the Confirmed Booking shall be cancelled by HyggeHomey, and the Price will be refunded to you in full, and you shall have no further claim against HyggeHomey whether in connection with the termination of the Agreement or the consequential cancellation of the Confirmed Booking or otherwise.

         (c)      Where there is a Confirmed Booking in respect of which the Home Styling T&Cs have already been signed and returned to the Stylist, the Confirmed Booking shall be cancelled by HyggeHomey, and

(i)      where the Agreement is terminated pursuant to Clause 14(2), the Price will be refunded to you in full, and you shall have no further claim against HyggeHomey whether in connection with the termination of the Agreement or the consequential cancellation of the Confirmed Booking or otherwise; and

(ii)     where the Agreement is terminated pursuant to Clause 14(3), the Price will be forfeited and you shall not be entitled to a refund of the Price or any part thereof nor will you have any further claim against HyggeHomey whether in connection with the termination of the Agreement or the consequential cancellation of the Confirmed Booking or otherwise.  In addition, you shall be solely liable to the Stylist for any and all claims arising from or in connection with the termination of the Agreement and consequential cancellation of the Confirmed Booking (including, without limitation, the cost of the Products and any Additional Items, whether under the Home Styling T&Cs or otherwise).

(4)      Regardless of the ground of termination, we do not have any obligation to delete or return to you any of Your Content.

(5)      Regardless of the ground of termination, neither Party shall (subject as otherwise provided in this Agreement and to any rights or obligations which have accrued prior to termination) have any further obligation to the other under this Agreement.

 

General

(1)      If any provision of this Agreement is or becomes or is deemed invalid, illegal or unenforceable under Applicable Laws, such provision shall be deemed amended to conform to, and be valid and enforceable under Applicable Laws, or, if it cannot be amended without materially altering the intention of the Parties, it shall be stricken off from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

(2)      You may not assign your rights and obligations under this Agreement to another person without the prior written consent of HyggeHomey.

(3)      Any rights and remedies conferred under and provided in this Agreement are cumulative and not exclusive or exhaustive of any other rights or remedies conferred under any other agreements or Applicable Laws.

(4)      A Third Party shall have no right to enforce any term of, or to receive any benefit under this Agreement, whether pursuant to the Contract (Rights of Third Parties) Act (Cap 53B) or otherwise.

(5)      No failure or delay on the part of any Party in exercising any power, right or remedy under the terms of this Agreement shall operate as a waiver of such power, right or remedy, nor shall any single or partial exercise of any power, right or remedy preclude the further or other exercise thereof or the exercise of any other power, right or remedy which it may have.

 

Governing Law and Dispute Resolution

(1)      This Agreement shall be governed by and is to be construed and interpreted in accordance with the laws of Singapore.

(2)      If any Dispute (as hereinafter defined) arises out of this Agreement, then the Parties shall make their best endeavor to consult with each other in good faith to settle such Dispute (as hereinafter defined) amicably.

(3)      Any and all claims, demands, causes of action, disputes, controversies and other matters in question arising out of or relating to this Agreement, including any question regarding its breach, existence, effect, validity or termination, which the Parties do not resolve amicably within a period of thirty (30) days (hereinafter collectively referred to as “Dispute”), shall be referred to and finally resolved by arbitration in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which SIAC Rules are deemed to be incorporated by reference in this Clause 17(3).

(4)      In the event of arbitration in Singapore in accordance with the SIAC Rules, there shall be one (1) arbitrator to be appointed by the mutual agreement of the Parties, or failing such agreement, the said arbitrator shall be appointed in accordance with the SIAC Rules.

(5)      The language to be used in the arbitration shall be English.

(6)      The resulting arbitral award shall be final and binding, and judgment upon such award may be entered in any court having jurisdiction thereof.

(7)      Any monetary award issued by the arbitrator shall be expressed in and payable in Singapore Dollars immediately.

(8)      For purposes of any arbitral and related proceedings and/or the enforcement of any arbitral award in accordance with this Clause 17, each Party hereby expressly consents to be sued in Singapore or any court of competent jurisdiction.