Terms of service
Effective: 13 January 2023
1.2 Services provided via this Site include, without limitation:
1.2.1 an online re-commerce platform that facilitates consumer-to-consumer and business-to-consumer sale of second-hand or pre-owned luxury products, through the sale or consignment of products to Ox Luxe and the sale of products to buyers;
1.2.2 an authentication service as part of the sales and consignment service, to verify the authenticity of second-hand or pre-owned luxury products; and
1.2.3 all other related services provided by Ox Luxe and its agents and/or employees
(collectively, the “Services”).
1.4 If you are using the Site and Services and/or entering into this Agreement on behalf of a corporation, partnership, registered business, society, unincorporated association, or other business entity (“Business Entity”):
2.2 By using the Site and/or Services, you agree not to:
2.2.1 violate any relevant rule, law or regulation in connection with your access to or use of the Site and/or Services;
2.2.2 solicit or be involved in the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction, or otherwise be involved in any form of criminal activity, including but not limited to terrorism financing and money laundering;
2.2.3 use the Site and/or Services for any purpose other than the purposes for which they are provided by Ox Luxe;
2.2.4 reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Site and/or Services;
2.2.5 deliberately interfere with or hamper the working and performance of the Site and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Site and/or Services;
2.2.6 use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Site and/or Services;
2.2.7 avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ox Luxe or any of Ox Luxe’s authorised representatives to protect the Site, Services, and/or intellectual property owned by Ox Luxe, or attempt to do any of the foregoing;
2.2.8 upload any material or otherwise act in any way that may potentially infringe any trademark, copyright, patent or other proprietary right of any party;
2.2.9 modify, translate, or create derivative works based on any element of the Site or Services;
2.2.10 modify, reproduce, adapt, or publicly distribute any materials or content on this Site without the prior written approval of Ox Luxe;
2.2.11 collect, use, disclose or process personal data of other individuals unless you have obtained their express and valid consent; and
2.2.12 attempt to obtain unauthorised access to the Site and/or the Services.
2.3 By using the Site and/or Services, you agree that:
2.3.1 any information and documentation you provide to Ox Luxe is true, correct and complete, and you agree to immediately notify Ox Luxe of any changes to such information;
2.3.2 you will not falsify information, impersonate others or otherwise misrepresent your relationship with or authority to represent any persons or entities;
2.3.3 you will comply with all notices, guidelines, rules and instructions pertaining to use of the Site and/or the Services as issued in writing by Ox Luxe from time to time;
2.3.6 all products, packages, and promotions offered by Ox Luxe are exclusive to Ox Luxe; and
2.3.7 you have obtained all relevant and necessary consents before posting, providing, or submitting the personal data of third parties.
3.1 To use the Services and certain functionalities of the Site, you must have a valid account on the Site or a valid Ox Luxe account (“Account”). Registration for an Account can be made at the following link: https://oxluxe.com/account/register. When you create an Account, you represent and warrant that:
3.1.1 If you are an individual, you are at least 18 years of age.
3.1.2 If you are representing a Business Entity, you have authority to bind the Business Entity to these Terms.
3.1.3 You are capable of entering into and performing legally binding contracts under applicable law.
3.1.4 All information which you provide is accurate, up to date, truthful and complete.
3.2 If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
3.4 You are solely responsible for, and bear the risk of, all activities carried out under or pursuant to your Account, whether or not such use is authorised by you. Ox Luxe shall not be responsible for controlling or monitoring the use of your Account, or for any losses that may be suffered by you or any third party as a result of any unauthorised use of your Account. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential.
3.5 The Account is non-transferable.
3.6 You agree to be solely responsible for all your online activities and communications conducted through your Account. You agree and acknowledge that Ox Luxe will deem all transactions entered into and activities conducted using your Account as transactions entered into and activities conducted by you, and you agree to be liable for all such transactions and activities. You agree that Ox Luxe will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) (collectively “Loss”) arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account.
3.7 If you are aware of or have a cause for suspicion regarding any unauthorised use of your Account, or theft, loss, or unauthorised disclosure of your Account’s log-in details, you must notify Ox Luxe immediately at: email@example.com. Ox Luxe will investigate and respond to your notification within a reasonable time and reserves the right to suspend your Account until the matter is resolved.
3.9 All outstanding transactions and amounts due to Ox Luxe must be settled before your Account is closed, whether such closure is initiated by you or by Ox Luxe.
4.1 Products available for sale through the Site will be displayed in an online listing, which may include photographs of the item, text descriptions, price, and other information (“Listing”). Ox Luxe reserves the right to amend, modify, revise, suspend or remove any Listing at any time in its sole and absolute discretion without notice, justification or liability to you.
4.2 Without limiting the foregoing, Ox Luxe shall have the right to remove any content or Listing:
4.2.1 if Ox Luxe receives a complaint from another user; or
4.2.2 if Ox Luxe receives a notification or allegation of intellectual property infringement or other legal instruction or request for removal; or
4.3 You agree that you must evaluate, and bear all risks associated with, the use of any information in a Listing, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such information.
5. Buying with Ox Luxe
5.1 All items that we offer for sale through the Site (each a "Product", collectively known as “Products”) are items which are sold "as is", without any warranties express, implied or otherwise, and however arising.
5.2 By submitting an order for a purchase with us, you acknowledge and agree to the following:
5.2.1 the Product has undergone our inspection and authentication process;
5.2.2 the inspection and authentication of the Product is performed independently by us and does not amount to any representation or warranty by Ox Luxe, whether express or implied, as to the authenticity, correctness of description, quality, merchantability, condition, state of repair and suitability or fitness for any particular purpose or use of the Product;
5.2.3 any inspection and authentication services that Ox Luxe may perform shall be merely for its own purposes and are not intended to be relied on by you;
5.2.4 the Site may include images of the Product, text descriptions, price, measurements, and other information. The colour of the Products as displayed on the Site may slightly differ from the actual colour, depending on lighting conditions and variances in computer screen displays. You understand and agree that there may be a difference of 0.5 to 1" difference for the measurements stated for each Product on the Site;
5.2.5 all existing defects and limitations of the Product known to Ox Luxe have been made known to you prior to your purchase;
5.2.6 title to the Product shall be transferred from Ox Luxe to you only upon full receipt of all amounts due and payable by you under these terms, regardless of whether you are in possession of the Product;
5.2.7 Ox Luxe makes no representations or warranties, whether express or implied, including any warranty as to title, non-infringement, the authenticity, correctness of description, satisfactory quality, merchantability, condition, state of repair, or suitability or fitness for any particular purpose or use of the Product, and all such representations and warranties are excluded to the fullest extent permitted by applicable law;
5.2.8 Ox Luxe shall not be liable for any damages, loss, cost or expenses arising as a result of the use of or inability to use the Product or otherwise relating to the Product;
5.2.9 To the fullest extent permitted by law, Ox Luxe shall not be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your purchase of the Product; and
5.3 You represent and warrant that
5.3.1 you have the full power and authority to enter into the purchase and to carry out the transactions contemplated by you;
5.3.3 the execution and delivery of the purchase by you, and your compliance with the terms hereunder, do not and will not (1) conflict with or result in a breach of any terms, conditions or provisions of, or (2) constitute a default under, any agreement, order, judgment, decree, obligation or instrument to which you are subject; and
5.3.4 all statements and particulars made or given to Ox Luxe are and remain true and accurate in all respects and are not misleading in any way.
5.4.1 You shall be liable for all fees, taxes, duties, tariffs, levies, and other costs and expenses related to or connected with the sale and transfer of the Product and any other incidental costs and expenses in relation thereto (“Incidental Charges”). Where Ox Luxe is required to pay for such Incidental Charges, you shall promptly reimburse Ox Luxe therefor in full, before the transfer and the delivery of Product.
5.5 It is hereby declared and agreed that:
5.5.1 you have been given reasonable opportunity to inspect and examine the Product;
5.5.2 you have found the Product to be of merchantable and satisfactory quality, compliant with the Product details provided by Ox Luxe, in good and proper working condition and suitable or fit for the purpose for which such Product is commonly supplied;
5.5.3 you have not, whether expressly or by implication, made known to Ox Luxe or any of its agents or servants any particular purpose for which the Products are required. You confirm that you relied on your own skill and judgment and have not relied on the skill or judgment of Ox Luxe;
5.5.4 where you are not a natural person (i.e. where you are a company, partnership, limited liability partnership, sole proprietorship business or otherwise), you are entering into the purchase in the course of business and are not dealing as a consumer as defined under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003; and
5.5.5 in the event you seek any relief or remedy in respect of any non-conformity of the Product pursuant to the Consumer Protection (Fair Trading) Act 2003 or any other applicable law, any reduction in the transacted value of the Product (“Transacted Value”) or any refund of the Transacted Value or price thereof shall not prejudice or affect your liabilities to Ox Luxe under these terms and you shall remain liable for the full amount of any Incidental Charges as provided under these terms.
5.6 In addition to any right of lien to which Ox Luxe may be entitled, Ox Luxe shall be entitled to a general lien on all goods of yours in Ox Luxe’s possession (although such goods or some of them may have been paid) for the unpaid price of any goods sold and delivered to you by Ox Luxe under your purchase(s).
6. Customer Orders.
6.1.1 A “Customer Order” means an order for Services, including a request to sell or consign a product to Ox Luxe, and a request to purchase a product listed on the Site placed via the Site or in accordance with instructions set out on the Site.
6.1.2 You agree that Ox Luxe may not process or accept a Customer Order for fulfillment in certain countries, as may be notified on the Site from time to time.
6.1.3 All Customer Orders are subject to the execution of additional agreements between you and Ox Luxe, whether in its own capacity or as agent for another user, in the form provided by Ox Luxe (“Service Agreement”). For the avoidance of doubt, Customer Orders are not deemed accepted unless and until the requisite Service Agreement(s) notified by Ox Luxe to you have been executed by all parties. Processing of payment for a Customer Order shall not in itself constitute acceptance of a Customer Order, provided that where a Customer Order is rejected, any payment made for such Customer Order shall be reversed or refunded by Ox Luxe.
6.1.4 Ox Luxe shall be entitled to decline to accept or reject any Customer Order in whole or in part without assigning any reason, or delay or defer fulfillment of any Customer Order in whole or in part due to any reason.
7. Selling with Ox Luxe
7.1 The terms, method, and information on selling your items (each an "Item", collectively known as “Items”) can be found on Our Sell Your Luxury Items
7.2 In submitting the Sell to Us Form, you agree and acknowledge:
7.2.1 that the details of the Items as stated in the Sell to Us Form are true and accurate; and
7.2.2 that (i) the personal information you provided in the Sell to Us Form are true and accurate (or if you are providing personal information of another person, you have the requisite authorisation and consent on that person's behalf to do so), and (ii) Our employees, authorised agents, courier partner, representatives, or third parties providing services on Our behalf ("Ox Luxe Personnel") has your consent to contact you (per the details provided by you in the Sell to Us Form) to complete your selling journey with us.
7.3 Upon receipt of your Items, we reserve the right to reject and request for a refund of such Items (i) if they fail to meet our quality and verification checks; (ii) if they appear to have missing and broken parts, with extensive wear and tear; (iii) if they do not conform to the categories of goods we accept; or (iv) for any reason, at our sole and absolute discretion. In such a case, we will contact you to arrange for you to retrieve the Items from us and invoice you for the refund of the Items. In the event you do not retrieve the Items from us within the stipulated and/or mutually agreed time, We shall have the right to dispose or otherwise deal with the rejected Items as we in our absolute discretion deem fit, without any liability to you, however this shall not affect our ability to exercise our right to invoice you for the purchase price of the Items.
7.4 By offering your Items for sale to us, you warrant and represent that
7.4.1 all statements and particulars made or given by you are and remain true and accurate in all respects and are not misleading in any way;
7.4.2 you are the sole and rightful owner of all rights, title and interest in and has full authority to sell the Product, including for resale by Ox Luxe;
7.4.3 the Product is not stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty or which has been transferred by the commission of gang-robbery, and does not, in whole or in part, directly or indirectly, represent another person’s benefits from criminal conduct;
7.4.4 the Product shall be sold and delivered to Ox Luxe free and clear of all liens, encumbrances, security interests and other claims against title, unless otherwise agreed upon by Ox Luxe in writing;
7.4.5 the Product is of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Product is commonly supplied, and complies with the Product details provided by you; and
7.4.6 the Product is authentic and does not infringe upon the intellectual property rights of any third parties.
8. Consigning with Ox Luxe
8.1 The terms, method, and information on consigning your Items can be found on Our Sell Your Luxury Items guide.
8.2 In submitting the Consign with Us Form, you agree and acknowledge:
8.2.1 that the details of the Items as stated in the Consign with Us Form are true and accurate; and
8.2.2 that (i) the personal information you provided in the Consign with Us Form are true and accurate (or if you are providing personal information of another person, you have the requisite authorisation and consent on that person's behalf to do so), and (ii) Our employees, authorised agents, courier partner, representatives, or third parties providing services on Our behalf ("Ox Luxe Personnel") has your consent to contact you (per the details provided by you in the Consign with Us Form) to complete your selling journey with us.
8.3 Upon receipt of your Items, we reserve the right to reject such Items (i) if they fail to meet our quality and verification checks; (ii) if they appear to have missing and broken parts, with extensive wear and tear; (iii) if they do not conform to the categories of goods we accept; or (iv) for any reason, at our sole and absolute discretion. In such a case, we will contact you to arrange for you to retrieve the Items from us. In the event you do not retrieve the Items from us within the stipulated and/or mutually agreed time, we shall have the right to dispose or otherwise deal with the rejected Items as we in our absolute discretion deem fit, without any liability to you.
8.4 By offering your Items for consignment with us, you warrant and represent that
8.4.1 all statements and particulars made or given by you are and remain true and accurate in all respects and are not misleading in any way;
8.4.2 you are the sole and rightful owner of all rights, title and interest in and has full authority to sell the Product, including for resale by Ox Luxe;
8.4.3 the Product is not stolen property or property obtained in whole or in part through an offence involving fraud or dishonesty or which has been transferred by the commission of gang-robbery, and does not, in whole or in part, directly or indirectly, represent another person’s benefits from criminal conduct;
8.4.4 the Product shall be sold and delivered to Ox Luxe free and clear of all liens, encumbrances, security interests and other claims against title, unless otherwise agreed upon by Ox Luxe in writing;
8.4.5 the Product is of merchantable and satisfactory quality, in good and proper order and suitable or fit for the purpose for which such Product is commonly supplied, and complies with the Product details provided by you; and
8.4.6 the Product is authentic and does not infringe upon the intellectual property rights of any third parties.
9.1 The terms, method, and information for delivery of your Product order shall be in accordance with our Delivery Policy.
9.2 It is your responsibility to ensure the place of delivery and contact details for delivery are accurate. The time for delivery shall not be of the essence, and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
9.3 If you are not available to take delivery of your order, we may contact you via the contact details provided by you. We will attempt re-delivery and, in such case, you may be asked to contact the local courier or our customer service team to arrange for re-delivery.
9.4 If delivery of your order fails due to your unreasonable refusal to accept delivery, or if you do not accept delivery (after re-delivery attempts have been made), we may (without affecting any other right or remedy available to us), do either or both of the following:
9.4.1 charge you for any costs and expenses reasonably incurred by us; or
9.4.2 cancel your order and not make available the Product(s) for delivery, whereupon we will notify you of such cancellation. In such a case, we will refund to you the money paid to us for your purchase via the same payment channel, less any applicable sums incurred by us (including re-delivery attempts and/or any administrative charges arising from such cancellation).
We reserve the right to invoice you all such costs incurred by us or deduct from the Ox Luxe Points that you may have in your Account (if applicable).
10. Returns and Refunds
10.1 The terms, method, and information for the return and refund of Product(s) you purchase from us shall be in accordance with our Returns & Refunds Policy.
10.2 If you are not completely satisfied with your purchase, you may return the Product to us within the stipulated time. To be eligible for return, the Product must be unused, in its original condition, and with the Product tags still attached and intact.
10.3 It is your responsibility to ensure the Product returned to us is in the same condition as it was when received by you and packaged properly. We shall not be liable for any returned Product that was lost, delayed, or damaged in transit.
10.4 Returns outside of the stipulated timeframes will not be accepted.
10.5 In the event we find the Product was returned to us in an unsuitable condition and/or the Product was not returned in accordance with the process set out in this Clause 11, we may at our discretion decide:
10.5.1 not to accept the Product or process your refund; and
10.5.2 to return the Product to you, upon which you may be required to pay all reasonable costs incurred by us in returning the Product to you. We reserve the right to invoice you all such costs incurred by Us or deduct from the Ox Luxe Points that you may have in your Account (if applicable).
In such case, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result. If you fail to take delivery of the Product after three (3) attempted deliveries and despite our attempts to consult with you to repossess the Product, upon which Ox Luxe reserves the right to sell, dispose, store or otherwise deal with the Product and all accompanying items in such manner as it may deem fit. It is hereby further agreed that in the event Ox Luxe incurs any loss on the Product as a result of the resale or attempted resale of the Product pursuant to this Clause, such loss shall be made good by and recoverable from you as damages.
10.6 Ox Luxe’s rights under Clause 11.5 are an addition to and not in substitution of any other payment or damages for which you may be liable under these terms, and without prejudice to any other rights and remedies available to Ox Luxe at law or in equity.
11. Ox Luxe Loyalty Programme
11.1 As a member (collectively, “Loyalty Program Members”, and individually, a “Loyalty Program Member”, “Member” or “you”) to the Ox Luxe loyalty program (“Loyalty Program”), the following terms will govern Ox Luxe’s relationship with the Loyalty Program Members, including how you achieve your tiered status, earn and redeem Loyalty Program points (“Points”)
11.2 Ox Luxe reserves the right to deny membership in the Loyalty Program to any user in its sole discretion without assigning any reason and without written notice.
11.3 As a Member, you agree to the following:
11.3.1 All Loyalty Program benefits, offers, rewards and services are subject to availability and may be changed by Ox Luxe at any time without notice. Ox Luxe reserves the right to terminate the Loyalty Program, in whole or in part, without notice to you.
11.3.3 In the event that your Account is suspended or terminated, Ox Luxe reserves the right to determine that any Points earned in that Account will be deemed as forfeited without notice. You hereby agree that you will have no claim whatsoever against Ox Luxe for any expired Points.
11.4. Earning Points
11.4.1 Members may earn Points for every dollar spent on the Ox Luxe Site to redeem for and enjoy the rewards as notified by Ox Luxe from time to time (“Reward”).
11.4.2 Membership Points can only be used on the Ox Luxe Site and are only valid for one (1) year from the date of allocation. The expiry date set out in your Account shall serve as conclusive evidence of the expiry date of your Points. Thereafter, the Points shall be deemed expired and will be cancelled immediately and without further notice. Ox Luxe reserves the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You hereby agree that you will have no claim whatsoever against Ox Luxe for any expired Points.
11.4.3 Membership Points may not be re-sold and unless required by law, are non-refundable, non-transferrable and may not be exchanged and/or redeemed for cash or credit balance or transferred for value under any circumstances. Any attempted transfer, sale or barter the Points will be void and the Points will be deemed as forfeited. Ox Luxe may refuse to honor or recognise any Points which it believes may have been transferred, sold or bartered.
11.4.4 You acknowledge and agree that the Reward may consist of products and/or services of other vendors and Ox Luxe is not responsible for and does not participate, operate and/or control the product and/or services of such vendors (“Vendors”). Such Vendors may have their own terms and conditions to which you must agree to before you may claim your Reward. Ox Luxe is not responsible for information provided to you by Ox Luxe. Ox Luxe and each Vendor are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Any Vendor related terms and conditions are to be entered into or are entered into between you and the relevant Vendor and at your own risk. Any such terms and conditions are without warranties of any kind by Ox Luxe and under no circumstances shall Ox Luxe be liable for any claims and/or damages arising from the transaction or any information appearing on Ox Luxe’s site(s).
11.4.5 Ox Luxe shall not, at any time, be responsible or held liable for any loss, injury, damage or harm suffered or incurred by or in connection with the use of any Reward by you or any person. Nothing in this agreement shall limit or exclude the liability of Ox Luxe for: (A) death or personal injury; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot otherwise be limited or excluded by applicable law.
11.4.6 Ox Luxe reserves the right to correct the balance of your Points if we believe that an error, including clerical error, has occurred. Ox Luxe may also, in its discretion, allocate Points to you at no cost to you (“Free Points”), subject to any additional terms and conditions. Ox Luxe reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Points, at any time without giving prior notice or compensation in cash or in kind.
11.4.7 In the event that the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability to you
11.5 Membership Benefits
11.5.1 Loyalty Program Members will be entitled to certain benefits, offers, rewards and/or services depending on type of Membership that the Member has achieved.
11.6 Ox Luxe makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.
11.7 Ox Luxe’s waiver of any breach of these Loyalty Program rules (“Rules”) by any Member will not constitute a waiver of any other prior or subsequent breach of these Rules. Ox Luxe’s failure to insist upon strict compliance with these Rules by any Member will not be deemed a waiver of any rights or remedies Ox Luxe may have against that or any other Member. Ox Luxe may waive compliance with these Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
11.8 Ox Luxe is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member correspondence, redemption requests or Member benefits; (b) theft or unauthorised redemption of Points; (c) any acts or omissions of third parties (including, without limitation, Vendors); or (d) any errors published in relation to the Loyalty Program, including, without limitation, any typographical errors, errors of description, errors regarding the Reward, and errors in the crediting or debiting of Points from Member Accounts. Ox Luxe reserves the right to correct, without notice, any errors.
11.9 In no event will Ox Luxe and its directors, officers, employees, and agents be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with the loyalty program, these rules, or Ox Luxe’s operation of the Loyalty Program.
11.10 All interpretations of these Loyalty Program Rules regarding membership are at Ox Luxe’s sole discretion, and Ox Luxe’s decisions will be final.
12. Payment Service
12.1 Ox Luxe allows a buyer to make payment for purchase of a Product listed on the platform using: (i) a credit or debit card; (ii) Atome (iii) Hoolah and (iv) Grab PayLater.
13. Additional Terms
13.1 If you use any of the Payment Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the Atome Deferred Payment Agreement (available at: https://www.atome.sg/en-SG/purchase-payment-contract), the Hoolah Purchase Payment Contract (available at: https://hoolah.co/sg-en/payments/) and the Grab PayLater terms of service (available at: https://www.grab.com/sg/terms-policies/paylater/), which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
14.1 Ox Luxe will deploy reasonable security precautions intended to protect against unauthorised access to any data stored by Ox Luxe in connection with your use of the Site and Services. Ox Luxe will exercise reasonable efforts to deploy corrections within the Site and Services for security breaches made known to Ox Luxe. You may not circumvent or otherwise interfere with any user authentication or security of the Site and Services.
14.2 You acknowledge that, notwithstanding the security precautions deployed by Ox Luxe, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Site and Services and your data. Ox Luxe cannot and does not guarantee the privacy, security, integrity or authenticity of any information or data transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
15. Amendments and Modifications
15.1 Ox Luxe has absolute and unfettered discretion to:
15.1.1 make upgrades, changes, alterations, enhancements, and/or modifications to the Site and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software;
15.1.3 remove, discontinue, suspend, or terminate the whole or any portion of the Site or Services; and
15.1.4 impose restrictions on certain features or restrict your access to parts of or the entire Site or Services,at any time and for any reason (collectively, the “Changes”).
15.2 Ox Luxe shall not be liable for any Loss arising as a result of or in connection with any loss of or interruption in your access to the Site and/or use of the Services due to any Changes.
15.3.4 Ox Luxe shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software or the services of any third party service provider as it deems necessary or appropriate for your access and connectivity to the Site or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you may not be able to obtain access and connectivity to the Site and/or use the Services.
16. Intellectual Property
16.1 Any and all intellectual property rights embodied in or relating to or used in connection with the Site, the Services and all materials and works comprised in or relating thereto, including without limitation:
16.1.1 all trade marks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by Ox Luxe;
16.1.3 all computer programs, modules, algorithms and/or tools relating to the Site (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
16.1.4 the graphical user interfaces relating to the Site;
16.1.5 the compilation, collection, arrangement and assembly of all data, information and content on the Site;
16.1.6 all other information and content made available on the Site; and
16.1.7 any other proprietary designations or materials used in association with the Site and/or the Services,
(collectively “Ox Luxe Materials”), are the property of Ox Luxe, its licensors and/or its affiliates (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. You agree and acknowledge that the use of the Site and the use of and access to any Ox Luxe Materials does not grant or transfer to you any rights, title or interest in relation to the Site or any Ox Luxe Materials.
16.2 You shall not in any way, without the prior written consent of the Owner:
16.2.1 copy in whole or in part any Ox Luxe Materials and/or the Site;
16.2.2 sell any whole or part of the Ox Luxe Materials and/or the Site to any third party;
16.2.3 copy, reproduce, publish, modify, adapt, upload, post, transmit, distribute, commercially exploit, reverse engineer, disseminate, broadcast, or circulate any whole or part of the Ox Luxe Materials and/or the Site (whether as paid, exclusive, non-shareable content or otherwise); or
16.2.4 breach any intellectual property rights arising from or in connection with the Ox Luxe Materials and/or the Site, including by altering or modifying any of the Ox Luxe Materials and/or the Site, causing any of the Ox Luxe Materials and/or the Site to be framed or embedded in another website, or creating derivative works from the Ox Luxe Materials and/or the Site.
16.3 Ox Luxe is committed to ensuring that Listings and other content on its Site do not infringe intellectual property rights (“IPR”). If you are an owner of IPR (“IPR Owner”) or an agent duly authorised to act on behalf of an IPR Owner (“IPR Agent”) and you believe that your or your principal’s IPR have been infringed by any content on the Site, please notify Ox Luxe immediately at: firstname.lastname@example.org. Only the IPR Owner or their IPR Agent (collectively, “Complainant”) may file a notice of IPR infringement, and all notices must comply with Clause 16.4.
16.4 Notifications under Clause 16.3 must include at least the following:
16.4.1 Name and address of the Complainant: for an individual, your full name and address. For an entity, please provide a copy of your company or business registration certification. If the Complainant is not resident in Singapore, an address for service in Singapore.
16.4.2 Name and address of the IPR Owner (if IPR Agent is the Complainant).
16.4.3 Power of Attorney: for an entity, please provide a copy of a valid power of attorney issued by your company authorising you to act on its behalf for IPR infringements.
16.4.4 Proof of the relevant IPR: please provide sufficient particulars to enable Ox Luxe to identify the IPR alleged to be infringed. In relation to registered IPR, please provide the registration certificate from the relevant authorities.
16.4.5 Nature of the infringement: a clear and complete identification of the allegedly infringing product and/or content, including the URL of the Listing or other identifying location of the allegedly infringing product and/or content, and a description of how you believe the product and/or content infringes your or your principal’s IPR.
16.4.6 Contact information: the Complainant’s e-mail address, telephone number and fax number (if any).
16.4.7 Good-faith statement: a statement by you that:
(i) you have a good-faith belief that the use of the allegedly infringing product and/or content is not authorised by you, your agents, or the law;
(ii) the information in your notice is accurate;
(iii) you require Ox Luxe to remove or disable access to the alleged infringing product and/or content;
(iv) that you are the IPR Owner or authorised to act on the IPR Owner’s behalf; and
(v) you agree to submit to the jurisdiction of the Singapore courts.
16.4.8 Others: any other materials that can support your notice.
17. Personal Data Protection
17.1 You will be required to submit such personal data, payment and credit card information, delivery information and other data and information as may be required to register an Account, process your transactions and payments, arrange for delivery and invoicing, provide the Services, provide Site administration, and related services (each a “Permitted Purpose”). By submitting such personal data and information, you consent to the collection, use, processing and retention of such personal data and information by Ox Luxe and its service providers for payment processing services, warehousing and delivery services, and other services necessary for providing the Site and Services (collectively, “Service Providers”), as may be necessary for the Permitted Purposes applicable to each such entity.
18.1 By using the Site and/or Services, you agree to indemnify, hold harmless, and defend Ox Luxe, its affiliates, officers, directors, employees and agents, to the fullest extent permitted by applicable law, from and against any and all Loss incurred, arising out of or relating to:
18.1.1 your access to, reliance on, and/or use of the Site, Services, and/or Ox Luxe Materials;
18.1.3 any actual or alleged violation of any third party right, including without limitation any intellectual property or data protection right;
18.1.4 your failure to comply with any applicable laws and regulations in connection with your use of the Site, Services, and/or Ox Luxe Materials;
18.1.5 the sale or purchase of any products;
18.1.6 any claim that your use of the Site caused loss, damage, injury or death to a third party; and/or
18.1.7 any other liabilities incurred through your use of the Services including the Site.
18.2 The above indemnification obligation will survive the expiry or termination of this Agreement, and your use of the Site and/or Services.
19. Disclaimer of Warranties
19.2 Ox Luxe is not affiliated, associated, authorised, endorsed by, or in any way officially connected with the brands it carries, any of its subsidiaries or affiliates. The brand names, marks and emblems are registered trademarks of the respective owners.
19.2 To the fullest extent permitted by applicable law and unless expressly agreed otherwise in a Service Agreement, Ox Luxe, its Service Providers, their respective affiliates, licensors, directors, officers, agents, and employees expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros.
19.3 Ox Luxe will use reasonable efforts to keep the Site and Services operational. However, you acknowledge and agree that there will be circumstances that may, from time to time, result in temporary interruptions or downtime, errors, or unavailability or limited availability of the Site and/or Services, including but not limited to routine or emergency support or maintenance, updates, upgrades or other development activity, and technical malfunctions of the underlying software, equipment, services or infrastructure.
19.4 Neither Ox Luxe nor any other Service Provider warrants uninterrupted use, operation, or availability of the Site, Services and/or any Ox Luxe Materials, or that your use of the Site and Services will be secure, timely, bug-free or error-free, free or viruses or other harmful components, or that any submission or transaction request you attempt using the Site or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You will be solely responsible for any delay or loss of any kind that results from your access to, or use of, the Services, the Site and/or the Ox Luxe Materials.
19.5 Ox Luxe does not warrant, endorse, guarantee or assume responsibility for any third party information, materials, content, or any other product or service produced or provided by a third party, including courier or delivery services and other users of the Site. Consequently, Ox Luxe will not be responsible for any transaction between you and third party providers of third party products, and/or services, or for any acts or omissions of such third parties.
19.6 No advice or information, whether oral or written, obtained by you from Ox Luxe or any other Service Provider through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
19.7 You acknowledge and agree that:
19.7.1 your use of the Site and/or the Services, including, without limitation, your use of any Ox Luxe Materials or intellectual property owned by Ox Luxe, is at your sole risk;
19.7.2 the Site, Services, and all Ox Luxe Materials are provided on an "as is" and "as available" basis;
19.7.3 Ox Luxe endeavours to ensure, but does not guarantee, that the content displayed on the Site will be accurate or up to date and as such is not liable for any Loss suffered arising out of or due to your reliance on any information provided on the Site or through the Services;
19.7.4 Ox Luxe endeavours to ensure, but will not be able to ascertain, the quality or reliability of all materials and information posted on the Site and will not be held liable for any Loss suffered by you arising out of or due to any errors or inaccuracies on the Site;
19.7.5 Ox Luxe is not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of the Site;
19.7.6 Ox Luxe is not liable for any potentially offensive, illegal, infringing, objectionable or offensive text, images, photographs, content, or material posted by third parties during their use of this Site and/or the Services and that all information and materials (regardless of type and form) are the sole responsibility of the person from whom it originated;
19.7.7 Ox Luxe is not liable for any reliance on any information, opinions or views expressed by Ox Luxe on the Site;
19.7.8 there may be occasional errors in the use of the Site and the Services, and Ox Luxe is not liable for any Loss to you that may arise as a result of those errors; and
19.7.9 the above disclaimers and limitation are required for Ox Luxe to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.
20.1 Notwithstanding any other provision in this Agreement to the contrary, Ox Luxe reserves the right, without notice or cause and in its sole discretion, to terminate this Agreement and/or any Account.
20.2 Ox Luxe reserves the right to cancel, terminate, and/or suspend your access to and use of the Site, Services, and/or your Account at any time at its sole and absolute discretion without notice or justification, and/or terminate this Agreement, including without limitation in the event of unauthorised or suspected unauthorised use of the Site and/or the Services, whether in contravention of this Agreement or otherwise. Ox Luxe reserves the right to consequently reject, cancel, or delete any sales, listings, promotions or other features associated with you and your Account.
21. Effect of Termination
21.1 Upon termination of this Agreement, the Services, or your Account, for any reason:
21.1.1 you will lose all access to your Account, and to any content, materials or information relating to it. Subject to the applicable data protection and privacy laws, Ox Luxe will have no obligation to maintain any information stored in its database related to your Account, or to forward any information to you or any third party
21.1.3 all accrued and outstanding amounts due from you to Ox Luxe shall immediately become due and payable.
22. Limitation of Liability
22.1 Subject to Clause 21.3 and to the fullest extent permitted under applicable law, under no circumstances shall Ox Luxe be liable for (a) any indirect, incidental, special, consequential, or exemplary Loss or damages, including, without limitation, damages for loss of profits, business, revenue, goodwill, anticipated savings, use, data, or other intangible losses (even if Ox Luxe has been advised of the possibility of such loss or damages), whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of this Agreement; or (b) any direct Losses:
22.1.1 resulting from your access to or use of, or your inability to access or use, the Site, Services or any Ox Luxe Materials;
22.1.2 resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Ox Luxe’s reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to Ox Luxe’s records, programs, or services;
22.1.3 resulting from any act or omission of a Service Provider or any other third party; or
22.1.4 which may arise as a result of or otherwise howsoever in connection with any error, interruption, delay, failure or other technical breakdown or problem whatsoever and however caused of third party equipment, third party software, or third party firmware, or any other equipment, software, firmware or service of Ox Luxe's third party service providers, or agents, including any Service Provider or any platform or facilities of such Service Provider, credit card or other payment method companies, banks and/or other third party providers (including without any limitation, telecommunication problems, power supply problems, Internet-related problems, problems with accessing, viewing, or hosting the Site, third party websites, problems with computer systems and information systems, third party problems, payment gateway problems, problems with FTP, POP, IMAP, SMTP, acts and omissions of customers and third parties) or caused by any emergency measure which may be taken by Ox Luxe in the event of any such failure.
22.2 Notwithstanding any other provision of this Agreement, the liability of Ox Luxe to you under or in relation to this Agreement or the performance of Ox Luxe’s obligations hereunder, for any and all causes of action in relation to the Site, Services or any Ox Luxe Materials, and this Agreement, shall not in any event exceed the total amount of fees and charges paid by you to Ox Luxe for the Services from which such liability arose.
23.1.1 Any notice, demand or other communication sent by Ox Luxe shall be sent to the email address notified by you, and you shall be responsible for ensuring that the email address provided is correct and current.
23.1.2 Any notice, demand or other communication sent by Ox Luxe shall be deemed to have been received by you:
(i) if personally delivered, at the time of delivery;
(ii) if sent by post, two Singapore business days after the date of posting;
(iii) if by email, upon completion of transmission directed to the email address notified by you, unless Ox Luxe receives a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server.
23.2 Entire Agreement
23.3 Illegality & Waiver
23.3.1 If any provision of this Agreement is agreed by Ox Luxe or held by any competent authority to be illegal, void or unenforceable under any law that is applicable hereto, this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision or such earlier date as the parties may agree.
23.3.2 No failure or delay or partial exercise by Ox Luxe in exercising its rights, power or remedies under this Agreement shall operate as a waiver of that or any other right, power or remedy unless Ox Luxe has waived its rights, powers or remedies in writing.
23.3.3 No waiver of Ox Luxe’s rights, powers or remedies in respect of a breach of this Agreement by you shall be:
(i) effective unless made in writing and signed by Ox Luxe;
(ii) deemed to be a waiver of any subsequent breach of that or any other provision of this Agreement.
23.4.1 The terms, provisions, representations, and warranties contained in these terms that by their sense and context are intended to survive the completion of performance under, expiration or termination of this Agreement (including but not limited to indemnification, disclaimers, representations, and warranties) shall so survive the completion of performance, expiration or termination of this Agreement.
23.5 Governing Law & Jurisdiction
23.5.1 This Agreement shall be governed by and construed in accordance with Singapore law.
24.5.2 The parties hereby submit to the exclusive jurisdiction of the Singapore courts.
23.6 Rights of Third Parties
Disclaimer: We are not affiliated, associated, authorised, endorsed by, or in any way officially connected with the brands we carry, any of their subsidiaries or affiliates. The brand names, marks and emblems are registered trademarks of their respective owners.
Ox Luxe does not: (a) offer goods or services to, or monitor the behaviour of, United Kingdom and European Union data subjects; and (b) process and/or hold the personal data of data subjects residing in the United Kingdom and European Union.