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Terms of Service

1. Who We Are

We are Achievers Training Hub Pte. Ltd., operating under the brand names www.artivitytime.com and www.achieversarts.com, collectively referred to as "Artivity / Achievers Arts".

These Terms and Conditions are protected by copyright and are our intellectual property. Any use by third parties, including the use of extracts from these Terms and Conditions for commercial purposes such as offering goods and/or services, is strictly prohibited. Violations may result in legal action.

2. Definitions

In these Terms and Conditions:

a. "Account" refers to the Artivity / Achievers Arts Account that you must register on our Platform to submit an Order;

b. “Contract" denotes your Order of a Product(s) and/or Service(s) in line with these Terms and Conditions, which we accept as per clause 

6.2 below;

c. "Customer" pertains to any individual placing an Order or Booking with us;

d. "eGift Card" signifies an electronic gift card purchased or received by you;

e. "Order" represents the submission made by you to the Platform to purchase a Product and/or Service from us;

f. "Order Acknowledgment" is our email titled “Thanks for shopping with us (#order number)” to you, acknowledging your Order as per

clause 6.2 below;

g. "Platform" collectively refers to Artivity and Achievers Arts’ Websites, and any other websites or applications owned or operated by us from time to time;

h. "Product" encompasses any product available for sale to Customers on the Platform;

i. "Service" includes any service available for booking or sale to Customers on the Platform;

j. "Website" denotes the Artivity / Achievers Arts website accessible at www.artivitytime.com and www.achieversarts.com;

k. "You" denotes the Customer or a guest;

l. “Immediate Family” signifies family members who share the same address;

m. References to "clauses" are to clauses of these Terms and Conditions;

n. Headings are for reference convenience only and do not affect the interpretation or construction of the Terms and Conditions;

o. Words conveying the singular include the plural and vice versa. Words implying a gender include every gender, and references to persons encompass an individual, company, corporation, firm, or partnership; and

p. References to "includes" or "including" or similar words or expressions shall mean without limitation.

3. Eligibility

To place an Order with Artivity / Achievers Arts, you must be at least eighteen (18) years of age. If you are under eighteen (18), you may only place an Order with Artivity / Achievers Arts with the involvement of a parent or guardian.

4. Prohibitions

You must not misuse our Platform. This includes refraining from using any automated systems or software to extract data from the Platform for any purpose. Additionally, you must not commit or encourage criminal offenses, transmit or distribute viruses, hack into the Platform, infringe upon proprietary rights, send unsolicited advertising, or attempt to affect the performance of any computer facilities. Any breach of this provision constitutes an offense under the Computer Misuse Act and Cybersecurity Act 2013. In the event of a breach, Artivity / Achievers Arts will report it to the relevant law enforcement authorities and take appropriate legal action.

5. Entire Agreement

5.1 These Terms and Conditions govern your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products and/or Services. They constitute the complete agreement between you and Artivity / Achievers Arts, superseding any preceding or contemporaneous agreements.

5.2 By entering into this Contract, you acknowledge that neither party has relied on any representations, undertakings, or promises given by the other, except as expressly stated in these Terms and Conditions.

6. Terms of Sale

6.1 Registration

a. To place an Order, you must enter accurate and true information at the checkout page. Any changes to orders or pickup locations must be communicated via email to artivity@achieversarts.com, and a new acknowledgment email must be received to validate the changes.

b. Ordering without payment constitutes misuse of the Platform.

6.2 Formation of a Contract

a. The information provided in the Terms and Conditions and the details presented on this Platform are not construed as an offer for sale but rather as an invitation to treat. For clarity, non-customized products refer to standard items available for purchase, while customized products are those tailored to specific customer requirements. A Contract for non-customized products shall be deemed to exist between you and us upon receipt of the product(s) and/or service(s). However, for customized products, a Contract shall be established only upon receipt of the payment invoice.

b. To initiate an Order, you must follow the online shopping process on the Platform. Upon completion, you will receive an Order Acknowledgment. It is important to note that the Order Acknowledgment serves as a confirmation of our receipt of your Order, not as an acceptance of it.

c. An Art Box Products Order is deemed accepted once your order is prepared by us, and you will receive an email notification stating that "Your Order is Ready" for collection.

d. Lil’ Makers, The Supplies Shop, and The Painting Shop’s products have limited availability. Acceptance for these orders is confirmed upon receipt of an email notification indicating that "Your Order is Ready" for collection. Alternatively, purchases can be made directly at our studios.

e. A Home Kit Order is considered accepted upon delivery of the digital file(s) emailed by us.

f. For Gifts Shop Orders, acceptance occurs when your order enters the customization process, accompanied by the issuance of a payment invoice.

g. The Contract pertains only to those Products for which customization has commenced or, in the case of Non-Customizable Products, upon receipt of the Product(s). If your order consists of multiple Products, they may be collected separately based on availability.

6.3 Price and Payment

Whilst we strive to ensure the accuracy of all details, descriptions, and prices on this Platform, errors may occasionally occur. In the event of an error in the price of any Products and/or Services you have ordered, we reserve the right, at our sole discretion, to cancel your Order. Should this occur, we will notify you via email and provide a full refund of the paid price in accordance with our Returns and Refunds Policy.

a. We are not obligated to fulfill Orders if the price listed on the Platform is incorrect, even after acknowledgment.

b. Payment methods include those stated on the Platform or cash/Nets payments at any of the Achievers Arts’ studios. You may also use eGift Cards or promotional voucher codes, subject to their terms and conditions as outlined in clause 9.

c. eGift cards and vouchers must be entered online at the check-out page; physical presentation to Artivity / Achievers Arts personnel is not accepted.

d. By authorizing payment, you confirm ownership of the payment account or legitimacy of the eGift card/voucher and availability of funds to cover the cost.

e. Prices of products and/or services may be altered at any time without notice.

f. Payment for customized products must be made prior to processing.

 

6.4 Mistaken Orders

Should you realize that an error has been made with your Order after submission, please promptly contact artivity@achieversarts.com. We will make every effort to accommodate your request.

 

6.5 Refusal of Order

a. We retain the right to withdraw any Products and/or Services from this Platform, as well as to edit or remove any materials or content, at our discretion. While we strive to fulfill all Orders, there may be exceptional circumstances where we must decline to process an Order after sending an Order Acknowledgment. Such actions are within our sole discretion.

b. In the event of Order cancellation by us, if payment has already been made, the full payment amount will be refunded to you.

c. We shall not be held liable to you or any third party for our actions, including the withdrawal of products and/or services, editing or removal of materials or content, or refusal to process or accept an Order.

 

6.6 Product Images & Measurements

Product images displayed on our websites and prints are intended for illustrative purposes only and may not precisely represent the actual product. Variations in product color may occur due to differences in photographic lighting sources or individual monitor settings.

Additionally, measurements provided for products are approximate values intended to offer insight into the model or fit of the item. These measurements do not guarantee the exact dimensions of the item you receive, as final measurements may vary.
 

6.7 Duration of Product Making

While we strive to expedite the process of delivering your product, please note that gifts shops, art box, and lil’ makers’ products, including non-customizable items, are meticulously crafted by hand by our team. We prioritize delivering high-quality products to all our customers. You acknowledge that the production duration for your product may extend up to a maximum of 4 months.

6.8 Changes to Customizable Orders After Confirmation

In the event of any errors in your order request, please contact us promptly via email. You agree that an administrative charge of $10 may apply for any changes requested. Please note that changes cannot be accommodated once the creation process has commenced. Alternatively, you may opt to place an additional order with the desired changes. Kindly review your cart carefully before proceeding with payment.

7. Order Collection / Picking Up

7.1 We strive to prepare and deliver the Product(s) and/or Service(s) to the designated collection point as specified in your Order, within the indicated collection days and times outlined in the Order Acknowledgement email.

 

7.2 While we make every effort to notify you in case of any delay or extended production time exceeding 30 days, we shall not be held liable for any resulting losses, liabilities, costs, damages, charges, or expenses.

 

7.3 Please be aware that collection locations for items in "The Paintings Shop" may not be changeable, and you will be required to collect them from the designated studio(s) where the artwork is located.

 

7.4 Upon collection, all risk associated with the Product(s) shall transfer to the person collecting the order. We advise you to inspect the product(s) before departing from the collection point.

 

7.5 It is your responsibility to ensure timely collection of your orders within 30 days from the issuance of the "Your Order is Ready" email. If you anticipate delays, please inform us to arrange for an extension of the collection period.

 

7.6 If the items are not collected within 30 days from the "Your Order is Ready" email, and no extension request is made, we reserve the right to take appropriate action, including:

a. Charging reasonable fees and costs incurred by us;

b. Cancelling the Contract and refunding any payment received, less administrative charges; or

c. Releasing the reserved items to other customers, requiring you to wait for availability.

8. Cancellation, Returns, & Exchanges

For details on our policies regarding cancellation, returns, and exchanges, please visit:

www.artivitytime.com/returns-exchanges

9. Vouchers and eGift Cards

9.1 When making payments for products on the Platform, you have the option to use promotional voucher codes and eGift Cards. Detailed information regarding the use of these vouchers and cards is provided below.

 

9.2 Artivity / Achievers Arts reserves the right, at its sole discretion, to cancel or modify orders, require different payment methods, revoke or limit the use of any promotional voucher code or eGift Card, and/or close your Account without compensation or refunds under the following circumstances:

a. Suspected fraudulent, unlawful, or illegal use of the promotional voucher code or eGift Card, or any breach of these Terms and Conditions.

b. Use of promotional voucher codes or eGift Cards for commercial purposes, including resale or export of Products and/or Services.

c. Any use of the promotional voucher code or eGift Card deemed detrimental to Artivity / Achievers Arts’s customers, reputation, goodwill, business, or operations.

 

9.3 Artivity / Achievers Arts assumes no liability for the loss, theft, or ineligibility of promotional voucher codes or eGift Cards.

 

9.4 Conditions for the use and redemption of promotional vouchers:

a. Promotional voucher codes are valid for the specified period stated on the voucher, can only be redeemed once, and may not be used in conjunction with other promotional vouchers or discounted items, unless otherwise stated. Some products and/or services may be excluded from voucher promotions according to our sales strategies.

b. You may redeem only ONE promotional voucher code per promotional campaign (unless otherwise stated). Artivity / Achievers Arts reserves the right to cancel any subsequent orders made using the same promotional voucher code of the same promotional campaign.

c. If the value of your Order is less than the promotional voucher code, no refund or residual credit will be provided.

d. Promotional voucher codes do not accrue interest and have no cash value.

e. Promotional voucher codes must be entered at the check-out page online.

f. If the credit of a promotional voucher code is insufficient for your Order, you may make up the difference using our accepted payment methods.

g. If a promotional voucher code is stipulated for a specified sum and you choose to return the product, the value of the promotional voucher/discount will not be refunded. However, any portion paid with your own funds will be refunded.

h. Additional terms and conditions may apply to specific promotional voucher codes, as specified by Artivity / Achievers Arts.

i. Artivity / Achievers Arts may discontinue or cancel any promotional voucher codes previously issued at its sole discretion, without responsibility for any resulting losses.

 

9.5 Conditions for the use and redemption of eGift Cards:

a. eGift Cards may only be used to purchase goods from www.artivitytime.com.

b. Payment for items at our studios with an eGift Card must be made through our website.

c. eGift Cards may be used for shipping fees.

d. Each eGift Card is valid for 24 months from the date of purchase and may be used multiple times until the balance is exhausted.

e. eGift Cards cannot be used to purchase another eGift card.

f. eGift Cards may not be returned, refunded, or redeemed for cash.

g. If the Order exceeds the value of the eGift Card, the cardholder must pay the remaining cost.

h. Artivity eGift Cards may not be used for Achievers Arts' classes, services, or products.

i. Artivity is not liable for lost or stolen eGift Cards and will not provide replacements in such cases.

j. Artivity may refuse to redeem or cancel the redemption of an eGift Card if fraud is suspected, pending investigation to verify the validity of the card.

 

For more information on eGift Cards, please refer to our FAQ section at www.artivitytime.com/faq.

10. Disclaimer of Liability

10.1 The content displayed on this Platform is provided without any guarantees, conditions, or warranties as to its accuracy. Artivity / Achievers Arts, along with its suppliers, content providers, and advertisers, expressly exclude all implied conditions, warranties, and other terms to the fullest extent permitted by law. We shall not be liable for any damages, including but not limited to direct, indirect, special, consequential, punitive, or incidental damages, arising out of or related to the use, inability to use, performance, or failures of this Platform and any materials posted thereon. This includes damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, regardless of foreseeability or the legal basis of the claim.

 

10.2 However, nothing in these Terms and Conditions shall exclude or limit Artivity / Achievers Arts’s liability arising from negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnity

You agree to indemnify, defend, and hold harmless Artivity / Achievers Arts, its directors, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liabilities, damages, and costs (including but not limited to legal fees) arising from your use of this Platform or your breach of these Terms and Conditions.

12. Guarantee and Complaints Management

12.1 Artivity / Achievers Arts shall perform its obligations under these Terms and Conditions with reasonable skills and care.

 

12.2 We place great value on our Customer satisfaction. You may contact us at any time to artivity@achieversarts.com. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.

 

12.3 In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Acknowledgment. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five 7 Days, please make further enquiries.

13. Personal Data Protection

Please see our Privacy Policy at this link: www.artivitytime.com/privacypolicy, which forms a part of these Terms and Conditions.

14. Circumstances Beyond Our Control (Force Majeure)

14.1 We shall not be liable to you for any breach, hindrance, or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:

a. Strikes, lock-outs, or other industrial action;

b. Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not), or threat or preparation for war;

c. Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, or other natural disaster;

d. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;

e. Impossibility of the use of public or private telecommunications networks; and

f. The acts, decrees, legislation, regulations, or restrictions of any government, shipping, postal, or other relevant transport strike, failure, or accidents.

14.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.

14.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.

14.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure event.

15. Notices

Any notice under a Contract shall be given in writing through email to the relevant party at the email address last known to the other.

Notices given by email shall be deemed to have been served within 2 days of the email being sent.

In proving such service, it shall be sufficient to demonstrate that the email was properly addressed and sent.

16. Intellectual Property Rights

16.1 All content included in or made available through our Platform, such as our products, art boxes, lessons, customized gifts, artworks, event ideas, text, graphics, logos, button icons, images, audio clips, videos, digital downloads, campaign titles, and data compilations, is the property of Artivity / Achievers Arts or its creator and is protected by copyright laws and treaties around the world. All such rights are reserved by Artivity / Achievers Arts and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform, nor may you use any such content in connection with any business or commercial enterprise.

 

16.2 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

16.3 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event Artivity / Achievers Arts becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.

16.4 If you print, copy, or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by Artivity / Achievers Arts or its licensors.

17. Links on the Platform

We will make reasonable efforts to comply with any relevant regulations regarding the Platform published by the Advertising Standards Authority of Singapore.

17.1 You may link to our home page, provided that you do so in a manner that is legal and does not harm our reputation or exploit it. However, you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part where none exists.

17.2 You are prohibited from establishing a link from any Platform that you do not own.

17.3 This Platform must not be framed on any other Platform, and you may only create a link to the home page. We reserve the right to withdraw linking permission without notice.

18. Waiver

No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

19. Severability

If any clause in these Terms and Conditions or a Contract is deemed invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect any other clause or part of any clause. All remaining clauses shall remain in full force and effect, provided that these Terms and Conditions or a Contract can continue without the unenforceable term.

20. Assignment

You are prohibited from assigning, transferring, novating, charging, sub-contracting, creating any trust over, or otherwise dealing with these Terms and Conditions or a Contract, or any of your rights or obligations under them.

21. Relationship

These Terms and Conditions or a Contract do not create, and shall not be construed as creating, a partnership, agency, or employer-employee relationship between you and us.

22. Third Party Rights

No person who is not a party to these Terms and Conditions or a Contract shall have any rights under them or be entitled to benefit from any of their terms, even if that person has relied on any such term or has indicated their assent to any such term to any party to these Terms and Conditions or that Contract.

23. Governing Law

These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore law. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

24. Variation

We reserve the right to modify these Terms and Conditions and our policies at any time at our sole discretion without prior notice. Any amendments will be posted on our Platform and will be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.

Failure to Collect
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