Terms of Service

1. WHO WE ARE

We are Achievers Training Hub Pte. Ltd., trading as www.artivitytime.com, and www.achieversarts.com (“Artivity / Achievers Arts”).

These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.

2. DEFINITIONS

In these Terms and Conditions:

a. "Account" means the Artivity / Achievers Arts Account that you will need to register on our Platform if you would like to submit an Order;

b. “Contract" means your Order of a Product(s) and/or Service(s) in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;

c. "Customer" means any individual who places an Order or Booking with us;

d. "eGift Card" means an electronic gift card which you have purchased or received;

e. "Order" means the Order submitted by you to the Platform to purchase a Product and/or Service from us;

f. "Order Acknowledgment" means our email titled “Thanks for shopping with us (#order number)” to you, in which we acknowledge your Order in accordance with clause 6.2 below;

g. "Platform" means collectively Artivity and Achievers Arts’ Websites, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;

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

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

j. "Website" means the Artivity / Achievers Arts website accessed at the following address at www.artivitytime.com, and www.achieversarts.com;

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

l. “Immediate Family” means family members who shares the same address;

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

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

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

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

3. ELIGIBILITY

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

4. PROHIBITIONS

You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offense under the Computer Misuse Act and Cybersecurity Act 2013. In the event such a breach occurs, Artivity / Achievers Arts will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

5. ENTIRE AGREEMENT

5.1 These Terms and Conditions shall apply to 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. These Terms and Conditions constitute the entire agreement between you and Artivity / Achievers Arts and supersede any and all preceding and contemporaneous agreements between us.

5.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.

6. TERMS OF SALE

6.1 Registration

(a) To place an Order, you must enter your information or register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. 

You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.

(b) You shall not misuse the Platform by creating multiple user accounts.

(c) You shall not misuse your account by sharing your account with persons out of your immediate family.

(d) You are strongly encouraged to create an Account on the Platform should you intend to make a purchase. This is to provide an ease to communicate your order statuses.

6.2 Formation of a Contract

(a) The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. For non-customized products, no Contract in respect of any Products and/or Services shall exist between you and us until you have received the product(s) and/or service(s). For customized products, no Contract in respect of any Products and/or Services shall exist between you and us until you have received the payment invoice.

(b) To submit an Order, you will be required to follow the online shopping process on the Platform. After this you will receive an Order Acknowledgment which will act as an acknowledgement of our receipt of your Order. You acknowledge that the receipt of an Order Acknowledgment is not considered an acceptance of your Order by us.

(c) An Art Box, Lil’ Maker, and The Painting Shop’s Products Order is only considered accepted by us upon your Order being prepared by us, at which time you will receive an email notifying you that “Your Order is Ready” for collection. Please check on the order status via the Platform. For more information on order statuses, please visit: www.artivitytime.com/account/my-orders.

(d) A Home Kit Order is only considered accepted by us upon your account being granted access, at which time you will receive an email notifying your access to the kit is granted. Please check on the order status via the Platform. For more information on order statuses, please visit: www.artivitytime.com/account/my-orders.

(e) A Gifts Shop Order is only considered accepted by us once your order has started its customization process, at which time you will receive an email of your payment invoice. Please check on the order status via the Platform, or email us. For more information on order statuses, please visit: www.artivitytime.com/account/my-orders.

(d) A Contract will relate only to those Products which we have started the customization on, or for Non-Customizable Products, when you have received the Product. If your order consists of more than one Product, the Products may be picked up by you at separate times.

 

6.3 Price and Payment

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products and/or Services which you have ordered, we may, at our sole discretion, decide to cancel your Order. If this happens, we will notify you via email. If you have already paid for your Order, you will receive a full refund of the paid price in accordance with the refund timelines outlined in our Returns and Refunds Policy.

(a) We are under no obligation to fulfill your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).

(b) You can pay using any of the methods stated in the Platform or use the cash / nets payment method in any of the Achievers Arts’ studios. Similarly, you can pay all or part of the price of your Order using a eGift Card, or promotional voucher code, subject to the terms and conditions of the promotional voucher codes and/or eGift Cards as stated in clause 9.

(c) eGift cards and promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to Artivity / Achievers Arts personnel will not be accepted.

(d) Upon authorisation of the payment, by making the payment, you are confirming that the account from which the payment was made belongs to you or that you are the legitimate holder of the eGift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the product and/or service.

(e) We reserve the right to alter the prices of the product(s) and/or service(s) before your orders at any time without notice.

(f) Payment for customized products have to be made before

 

6.4 Mistaken Orders

If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact artivity@achieversarts.com immediately. We will try our best to process your request.

 

6.5 Refusal of Order

(a) We reserve the right to withdraw any Products and/or Services from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein we may need to refuse to process an Order after we have sent you an Order Acknowledgement, which we reserve the right to do at any time at our sole discretion.

(b) If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.

(c) We will not be liable to you or any other third party by reason of our withdrawing any product and/or service from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.

6.6 Product Images

Product images shown on websites and prints are for illustration purposes only, and may not be an exact representation of the product. Product colour may also slightly vary, due to photographic lighting sources or your monitor settings.

 

6.7 Duration of Product Making

Whilst we try to hasten the process of delivering the product to you, all the products including uncustomizable items are made and/or curated entirely by our team by hand. We believe in ensuring good quality products to all our customers. You agree that the duration of making your product can reach up to a maximum of 4 months.

 

6.8 Changes to Customizable Orders After Confirmation

If you’ve made any errors to your order request, please email us immediately. You agree that an administrative charge of $10 may be incurred for any changes made. Changes cannot be made once the creation has begun. You may choose to make an additional order with the change. Please check your cart carefully before proceeding to pay.

7. Order Collection / Picking Up

7.1 We aim to prepare and bring the Product(s) and/or Service(s) to you at the place of collection requested by you in your Order and the collection days and time indicated by us at the time of your order checkout (as updated in the Order Acknowledgement email).

 

7.2 We will attempt to notify you if we expect to be unable to produce the product, or have a very long (more than 30 days) production time, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late collection.

 

7.3 Please note that we may be unable to change locations of collection for items in ''The Paintings Shop'', in which you will have to collect them at the studio(s) the artwork is stated to be in.

 

7.4 All risk in the Product shall pass to the person who picked up the orders upon collection, ideally, please check the product(s) before moving off.

 

7.5 It is your responsibility to ensure the collection of the orders are done within 30 days from when “''Your Order is Ready'' email was sent out. If you could not pick the items up in time, please let us know your estimated collection date(s). We can extend the collection expiry to a later date.

 

7.6 If by any means, you have not picked up your items within 30 days from ''Your Order is Ready'' email, nor requested for an extension, we will attempt to contact you. If we could not contact you, or the collection was not made due to your unreasonable refusal to collect the orders, we may (without affecting any other right or remedy available to us) do either one or some of the following:

(a) charge you for any fee and other costs reasonably incurred by us; or

(b) no longer make the Product available for delivery or collection and notify you that we are immediately canceling the applicable Contract, in which case we will refund to you or your bank account as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for relocation of product fees, and any storage fees as provided for in clause 7.6 (a) above).

(c) to let go of the reserved item to other customers. You would have to wait for the availability of the item(s) again should this happen.

8. CANCELLATION, RETURNS, & EXCHANGES

Please refer to our Cancellation, Returns, and Exchange Policies, please refer here

9. VOUCHERS AND eGIFT CARDS

9.1 You may use promotional voucher codes and eGift Cards while making payment for Products on the Platform. Specific details for promotional voucher codes and eGift Cards are listed below.

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

(a) if we reasonably believe that the promotional voucher code or eGift Card was obtained, used, or applied fraudulently, unlawfully, illegally or otherwise in breach of these Terms and Conditions or any other terms and conditions that may apply to the promotional voucher code or eGift Card;

(b) if we reasonably believe that the promotional voucher codes or eGift Cards were used to facilitate any business or commercial purposes, including the resale or export of Products and/or Services purchased from Artivity / Achievers Arts; or

(c) if we reasonably believe that the use of the promotional voucher code or eGift Card is detrimental to Artivity / Achievers Arts’s customers, reputation, goodwill, business or operations.

 

9.3 We assume 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:

From time to time we may distribute promotional voucher codes that may be used only on the Platform:

(a) Promotional voucher codes are valid for the specified period stated on the voucher, can only be redeemed once and, unless otherwise stated, may not be used in conjunction with other promotional vouchers and discounted items. We may exclude some products and/or services from voucher promotions in accordance with 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 by you using a promotional voucher code of the same promotional campaign.

(c) If you place an Order for a Product and/or Service less than the value of the promotional voucher code, no refund or residual credit will be returned to you.

(d) The credit of a promotional voucher code does not accrue interest, nor does it have a cash value.

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

(f) If the credit of a promotional voucher code is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.

(g) For promotional voucher codes/discount codes stipulated for a specified sum, if you choose to return the product, you will not be refunded the value of the promotional voucher/discount. However, if you paid partly with your own funds, this portion will be refunded.

(h) Artivity / Achievers Arts may specify additional terms and conditions in relation to specific promotional voucher codes. In such cases, the additional terms and conditions will govern the use and redemption of such promotional voucher codes, together with these terms.

(i) In rare cases, Artivity / Achievers Arts may at its sole discretion discontinue or cancel any promotional voucher codes previously issued and will not be responsible for any losses arising therefrom.

 

9.5 Conditions for the use and redemption of eGift Cards:

You may purchase eGift Cards for use on the Platform by you or other Customers. The conditions in clause 9.4 shall apply to eGift Cards:

(a) Our eGift Cards contain value which may only be used to purchase goods from www.artivitytime.com.

(b) To purchase items physically at our studios with the eGift Card, payment has to be made through our website.

(c) eGift Cards may be used for shipping fees.

(d) eGift Cards may be used multiple times, until the balance is used up.

(e) Each eGift Card has a validity of 24 months from date of purchase.

(f) ​eGift Cards cannot be used to purchase another eGift card.

(g) Artivity's eGift Card is not to be used for Achievers Arts' classes, services, or products.

(h) eGift Cards may not be returned, refunded, or redeemed for cash.

(i) If the price of the order is worth more than the value of the card, the card holder will need to pay for the remaining cost.

(j) We are not responsible if an eGift Card is lost or stolen. No replacement will be provided in these circumstances.

(k) Should Artivity suspect any fraud relating to an eGift Card, Artivity may refuse to redeem the eGift card, or cancel the redemption of the eGift card, until Artivity is satisfied that no fraud has occured.

 

For more information on the eGift Card, please refer here

10. DISCLAIMER OF LIABILITY

10.1 The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Artivity / Achievers Arts and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or 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, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

10.2 Nothing in these Terms and Conditions shall exclude or limit Artivity / Achievers Arts’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

11. INDEMNITY

You agree to indemnify, defend, hold harmless Artivity / Achievers Arts, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or 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 here, 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 either letter or email to the relevant party at the address or email address last known to the other.

(a) Notices given by post shall be deemed to have been served within 2 Days of being posted to the recipient’s address within Singapore.

(b) Any notice given by email shall be deemed to have been served within two 2 Days of the email being sent.

In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

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, art works, 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 shall use our reasonable endeavors to comply with any relevant regulations relating to the Platform published by the Advertising Standards Authority of Singapore.

 

17.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.2 You must not establish a link from any Platform that is not owned by you.

17.3 This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the home page.

17. LINKS ON THE PLATFORM

We shall use our reasonable endeavors to comply with any relevant regulations relating to the Platform published by the Advertising Standards Authority of Singapore.

 

17.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.2 You must not establish a link from any Platform that is not owned by you.

17.3 This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than 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 shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

20. ASSIGNMENT

You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.

21. RELATIONSHIP

Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

22. THIRD PARTY RIGHTS

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

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. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

24. VARIATION

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