Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, PHOTOGRAPHERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. PHOTOGRAPHERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR PHOTOGRAPHY SERVICES ON ONETHREEONEFOUR.
Last Updated: May 25, 2016
License to Use
OneThreeOneFour provides an online marketplace platform that connects photographers and photography studios (the “Photographers”) with couples. All information, communications, links, software, newsletters, products, services, other materials and any and all other services that may be added, offered or provided to you from time to time (the “Services”) through these sites (collectively the “Site” which shall include the Services) that are accessible at www.onethreeonefour.com and any other websites through which OneThreeOneFour makes the Services available. The Services are operated by Nectary Studio Pte. Ltd. (“OneThreeOneFour”, “we”, “us”). OneThreeOneFour is registered in the Republic of Singapore under the Unique Entity Number of 201305380C.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site, and constitutes a binding legal agreement between you and OneThreeOneFour.
OneThreeOneFour is Not a Party to any Agreement Between Users of the Services
We urge all users to be responsible about their use of the Site and any transaction entered into as a result of either listing a photoshoot package or booking of a photoshoot. We do not own or manage, nor can we contract for, any photography services listed on the Website.
We are not involved in any transaction between users even though we may from time to time provide tools that relate to a booking, such as a tool to enable a person to enter into a transaction to hire a Photographer for a photoshoot. As a result, any part of an actual or potential transaction between Photographers and user, including the quality, condition, safety or legality of the services advertised, the truth or accuracy of the listings, the ability of users to book a photoshoot or the ability of users to pay for photoshoot packages are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Service, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
Users further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement and conduct of their photography services. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to booking photography services listed on the Website, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
Modification to Terms
We may update and make improvements to the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period. You understand and agree that your use of the Website remains subject to such suspension or closure.
Users and Photographers must NEVER create an account in another user/Photographer’s name; must not create more than one account or use the account of another user or Photographer. Users and Photographers must NEVER impersonate another user or Photographer. Users and Photographers must not, do not intend to, or will ever offer anyone cash or other compensation for a more favorable review. Users and Photographers must not misrepresent, or impersonate another user or Photographer. Photographers must not post any fake feedback reviews of their services. Furthermore it is strictly prohibited to use information on the Site to send unsolicited email(s) or do anything that interferes with the Site (as determined by OneThreeOneFour in its sole discretion). You understand and agree to refrain from all these prohibited activities and agree not to use the Site if your membership has been temporarily or permanently suspended or revoked. Finally you agree not to violate any of the terms set forth in these Terms of Service.
Third party links
The Website and some of the articles on the Website may contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. We are not responsible for any loss, injury, claim, liability, or damage (“Loss”) related to your use of any website linked to the Website (“Linked Website”) including if this Loss (i) arises from errors or omissions in the content of any Linked Website, or (ii) is as a result of any Linked Website being down or (iii) arises from any other use of any Linked Website. Your use of any Linked Website is at your own risk. In addition, the citations do not mean that we sponsor, are affiliated to or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links.
If you submit or provide any personal data through the Site, your personal data will be collected, used, disclosed and/or processed by us for the following purposes:
- For registered users, your name and email address will be disclosed to the relevant Photographers when you click on any contact details the Photographers display in their profiles including website, email, social media (e.g. facebook, instagram, weibo), phone number, and other contacts.
- To send you notices, information, promotions and updates including marketing and advertising materials in relation to our Site and services and those of third party organizations selected by us.
- For OneThreeOneFour or its designated representatives or business partners to provide goods and services to you or parties designated by you and matters ancillary thereto.
- To verify and process payment when you purchase goods and services from us
- For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you.
- To conduct statistical analysis of the users of the Site including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services and conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us.
- To comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence or misconduct or for the purposes of taking legal action against any users.
By accepting these Terms of Service, you: (a) consent to OneThreeOneFour collecting, using, disclosing and/or processing your personal data for the purposes as described above; (b) consent to OneThreeOneFour’s transferring your personal data out of Singapore to third party service providers or agents for the purposes as described above.
If you have any questions relating to OneThreeOneFour’s collection, use and disclosure of your personal data, please contact [email protected]
Copyright and trademark notices
All contents of the Website are Copyright ® 2015 OneThreeOneFour. All rights reserved. OneThreeOneFour, OneThreeOneFour.com, and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Website are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.
Governing law, arbitration, and jurisdiction
All matters related to the Website will be governed by the laws of Singapore, without regard to conflicts of laws provisions.
If you have a complaint, question, or dispute (collectively, “Dispute”) regarding the Website, you are encouraged to bring it to our attention. You may contact us at [email protected], and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Website shall be submitted to confidential arbitration in Singapore, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of Singapore. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the Singapore International Arbitration centre, with each party being responsible for its own costs and fees and the joint costs of arbitration being shared equally by the parties. The arbitrators award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Website, and NO CLASS ACTION PROCEEDINGS WILL BE PERMITTED.
By agreeing to arbitration in these Terms, you understand and agree that you are (i) relinquishing any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of an adverse arbitration decision. You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.