Terms and Conditions

Terms of Use

a) These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and The Collective. These Terms and Conditions set out the rights and obligations of all users regarding the use of the service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the privacy policy of the company. Our privacy policy describes our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

b) Amendment of Terms. The Collective may amend the Terms periodically. All amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Application after such posting constitutes your consent to be bound by the Terms, as amended.

The Collective Service

a) The Collective Service. The Collective service enables consumers to access a wide range of FnB goods, crafts, and services (referred to as collections).

b) Account Ownership.  We reserve the right to modify, terminate or otherwise amend our offered products and services at any time in our discretion. 

c) Online Marketplace

Buyers
The Collective enables you to access to a variety of products or services through your mobile device. To access these digital collections, you need to comply with certain technical and hardware requirements such as access to the Internet and other requirements (e.g.mobile device, etc.)  You are solely responsible for providing your own access (e.g. mobile device, Internet connection) to the service. 

 

 

Sellers

The Collective enables you to list to a variety of products or services through our platform. To access our platform, you need to comply with the following guidelines by URA and HDB pertaining to the conduct of home-based businesses in Singapore. 

  1. No person outside the household is to be employed.

  2. No external advertisement/business signboard is to be displayed.

  3. No extraneous traffic is introduced to the site.

  4. No noise, smoke, smell, effluent or dust nuisances or danger should be posed to the surrounding residents.

  5. No loading and unloading of goods by vans and trucks.

  6. The activities must comply with the rules and regulations of other authorities.

  7. HDB flats cannot be used for business registration. The use of private residential premises address for business registration does not require planning permission, provided there is no material change of use of the residential premises.

  8. Business activities must comply with the rules and regulations of the relevant authorities, e.g. Singapore Food Agency for food hygiene.

If your business activity inconveniences your neighbours and creates disamenities, the relevant authorities will ask that you stop the activity, and TheCollective will terminate your use of the platform.

d) Purchases.  You acknowledge and agree that these Terms apply to any purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

e) The Collective Account. Your account is personal to you and you agree not to create more than one account. You cannot allow third parties to use your The Collective account, including other The Collective users. You must not use or exploit the App for commercial purposes. We continually update and test various aspects of the The Collective platform. We reserve the right to, and by using the App you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that The Collective may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to The Collective at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up you are solely responsible for all activity that occurs under your account, including any activity by unauthorized users.

f) Eligibility. The availability of all or part of our mobile application may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from using The Collective or may terminate your use of the platform at any time based on these criteria. 

g) Communications. By providing your information or creating an account, you agree that The Collective may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a The Collective account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time

Fees, Billing, Cancellation

a) For buyers, you authorize us to charge you any other fees you may incur in connection with your use of the App, such as any purchase of goods or services.

 

For sellers, the collective charges an 15% commission rate to sellers. By using our platform, you authorize us to collect proceeds from the sale of your product or services, and subtract delivery charges and commission from the transacted sales amount before it is sent to your bank account. These fees will be distributed to your bank account on a fortnightly basis. We reserve the right to change the policy regarding when we charge fees/commissions, to introduce additional fees/commissions and to change the amount of any such fees/commissions at any time.

b) Sellers on The Collective are responsible for their own policies regarding refunds, exchanges, returns and cancellations. Policies vary from specific store to store. 

c) Payment processing charges and delivery costs are non-refundable once order is made. Sellers/ buyers will not be able to recover these costs once order is processed.

Termination or Modification by
The Collective

You understand and agree that, at any time and without prior notice TheCollective may terminate, cancel, deactivate, disable, delete and/or suspend your account, or your access to or use of the App. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the App. The Collective shall have no liability for, and you shall have no recourse for, any such termination or deactivation. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the App, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. If The Collective deletes your account for these reasons, you may not re-register for or use the App under any other user name, email, payment method or profile. The Collective may block your access to the App to prevent re-registration.

Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

  • Harass, threaten, stalk, disrupt or defraud users, members or staff of TheCollective or Sellers or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;

  • Share The Collective passwords with any third party or encourage any other user to do so;

  • Complete a purchase directly with a Seller, rather than through the App;

  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site/App;

  • Misrepresent the source, identity, or content of information transmitted via the Site or App, including deleting the copyright or other proprietary rights or notices from any portion of the Site/App

  • Upload material (e.g. virus) that is damaging to computer systems or data of TheCollective or users of the Site/App or otherwise use the Site/App in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;

  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

  • Upload or send to App users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

  • Decompile, reverse engineer or disassemble the App, in whole or in part, except as may be permitted by applicable law;

  • Link to, mirror or frame any portion of the App;

  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the App;

  • Attempt to gain unauthorized access to or impair any aspect of the Site/App or its related systems or networks or interfere or attempt to interfere with the proper working of the App or any activities conducted on the App;

  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;

  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the App;

  • Modify the App in any manner or form, nor to use modified versions of the App, including (without limitation) for the purpose of obtaining unauthorized access to the App;

  • Use any robot, spider, scraper, or other automated means to access the Site/App for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site/App;

  • Use the Site/App for or in connection with any purpose that is unlawful or prohibited by these Terms.
     

The Collective reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Ownership; Proprietary Rights; Content.

a) The The Collective website are owned and operated by The Collective. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by The Collective. All Content contained on the Site are the copyrighted property of The Collective. All trademarks, service marks, and trade names are proprietary to The Collective or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by TheCollective, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.

b) You agree not to share your The Collective account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the site.

Links to other website

The Collective may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
 

Privacy

Your privacy is important to The Collective. The The Collective Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to The Collective’ collection, use, and disclosure of your personal information. When you make a purchase, the applicable seller will have access to certain information about you, such as your name and email address, so it can provide services/products to you, communicate with you regarding the purchase you made and send you other communication that may be of interest to you such as marketing offers. Please see our website for more information.

Delivery

The Collective charges $6 island-wide delivery to buyers for all orders where delivery is offered by the seller and selected by the buyer. You acknowledge that the The Collective integrated delivery (the ' Delivery Services') is done through third party delivery companies (the ' Delivery Service Providers').

 

The Collective may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Collective is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

 

In the event that an item is lost or damaged in the course of the Delivery

Services, The Collective asks that you:
 

(a) contact the Delivery Service Provider directly to request a refund or to

claim on any insurance options available; and
 

(b) contact us and the Delivery Service Provider by sending an email to business.sg@lalamove.com and hello@thecollective.com.sg outlining in what way the Products were damaged in transit so we are able to determine possible remedies.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 50SGD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall TheCollective or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury or sickness, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, TheCollective provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither TheCollective nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

General Disclaimer

You acknowledge that The Collective does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

 

The Collective will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the platform.

 

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

 

Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) The Collective will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee),

loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

Use of the Application, the Purchase Services, and any of the products of The Collective (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Collective, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Collective (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Collective) referred to on the Application. This includes (but is not restricted to loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.