Who We Are
Luxequisite,is a proprietary limited company incorporated in Singapore (“Luxequisite”, “us”, “we” or “our”). We are an online marketplace platform dedicated to connecting buyers and sellers of jewellery products. Through our platform and services, we act as a merchandiser, appraiser and photographer and provide customer service to create a seamless, secure user experience for sellers and buyers who seek a better value approach to procurement and liquidation of jewellery products.
1.2 The Services
Our websites and domains, including www.luxequisite.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites are collectively referred to as our “Site”. All of the services available on or through the Site or otherwise provided by us (including our application programming interfaces) maintained and provided by Luxequisite are referred to in this document as our “Services”.Through our Site, Luxequisite provides a simple and secure means for end users (“you” or “end users”) to create an account with us and list for sale, sell or purchase jewellery products (“Products”). When you create an account with us, you may be asked to provide information that personally identifies you and/or your location, including your name, date of birth, email address, postal code or zipcode, state and country of residence, and telephone number (“Registration Data”), but only when you voluntarily give it to us.Access to and use of password protected and/or secure areas of the Site and/or use of the Services are restricted to end users with accounts only.If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance to the terms of this Agreement and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or sale or purchase of Products; and (iii) your acceptance and compliance with this Agreement. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site and using the Services immediately.
Applicable terms and conditions.
2.1 Agreement between Luxequisite and you
(a) if you are a Seller – the Consignment Terms
(b) if you are a Buyer – the Buyer’s Terms
2.2 Agreement between Buyer and Seller
Any sale of Products is a matter between the Buyer and Seller and such sale shall be governed by a separate contract of sale formed between the Buyer and Seller (“Customer Contract”) which shall consist of: (i) the template Terms of Sale; and (ii) any additional terms as stated by the Seller on the Site.
Use of the Services
3.1 Grant of licence We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-licence) to access and use the Site solely for the purposes of receiving the Services. Any rights not expressly granted to you under this clause are expressly reserved.
3.2 Guidelines to the use of Site and/or Services
You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.
You shall not, and you shall not permit anyone else to, directly or indirectly:
(a) except as expressly permitted by law, rent, lease, sub-licence, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Site or Services;
(b) remove Luxequisite’s or any other end user’s trade mark, copyright notice or any other proprietary notice;
(c) rent, lease, distribute, resell or use the Services for any commercial purposes;
(d) engage in any activity that interferes with or disrupts the Services or the Site;
(e) upload any comments or ideas that violates or infringes another party’s right of publicity, privacy, copyright, trade mark or other intellectual property right;
(f) violate any applicable laws, rules, regulations, standards and licensing requirements, in connection with your use or access of the Services (“Applicable Law”);
(g) use the Services in violation of or to circumvent any sanctions or embargo;
(h) use the Services for any purpose for which it is not designed or intended;
(i) use the Services to create or promote a product, service or software that is directly or indirectly competitive with or in any way a substitute for the Services;
(j) use the Services to send, post or otherwise communicate any content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;
(k) use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;
(l) collect any information in respect of other end users without their consent; and
(m) obtain or attempt to obtain unauthorised access to such parts of the Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
All material, data, text, content, graphics, images, videos, sounds and other content (“Content”) contained on the Site or delivered through the Services is protected by intellectual property rights, including trademarks and copyright, which is owned by or has been licensed to Luxequisite. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose.
4.1 You must keep your account details safe
Certain Services that may be made available on the Site may require creation of an account with us or for you to provide personal data. If you request to create an account with us, a username and password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Site. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.You hereby agree to change your password from time to time and to keep the username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if your personal data requires updating.
4.2 You are responsible for any use of your account
You agree and acknowledge that you shall be responsible for all persons who use the Services and/or access the Site through your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/ or access to the Site through your account.
4.3 Commentary and modifications
You may choose to or we may invite you to submit comments or ideas about improvements to the Service or the Site or any other component of the Products or Services (“Commentary”). If you submit any Commentary to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Commentary. You also agree that Luxequisite has no fiduciary or any other obligation to you in connection with any Commentary you submit to us, and that we are free to use your Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.
The intellectual property in and to the Site and the Services are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its intellectual property to the fullest extent of the law.
5.2 Restricted Use
No part or parts of Site, or any Content may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.Subject to clause 5.3, permission will only be granted to you to download, print, or use the Content for personal and non-commercial uses, provided that you do not modify the Content and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Content.
All trademarks, service marks, trade names and logos used and displayed on the Site (“Trademarks”) are registered and unregistered trademarks of us or third parties. Except as expressly provided in this Agreement, nothing on the Site and in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
Luxequisite does not warrant that the Site or Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Luxequisite and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or any part of the Services.
Representations and Warranties.
7.1 Your warranties
You may need to create an account with us in order to use some parts of the Services. When you create an account with us, you hereby represent and warrant that:
(a) if you are an individual:
(i) all information which you provide is accurate, up to date, truthful and complete;(b) if you represent a corporate entity:
(i) you have the full right, legal power and actual authority to bind such entity to this Agreement;(ii) that entity is duly organised, validly existing and in good standing under the laws of the state, province or country of its incorporation; and(iii) all information which you provide is accurate, up to date, truthful and complete.
7.2 No warranties
Subject to clause 3 of the Consignment Terms (if you are a Seller), all Services are provided “as is” and “as available”, without any express, implied or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee.
Luxequisite shall not give any warranty as to:
(a) the accuracy, reliability or correctness of any data provided through the Services;
(b) that the Services will function in an uninterrupted manner or be secure or free from errors; and
(c) that the Services will be free of viruses or other harmful code.
Nothing in this Agreement operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under any law where to do so would contravene that law or cause any term of this Agreement to be void. To the extent that they are not permitted to be excluded, our liability shall be limited to supplying the Services again or paying the cost of having the Services supplied again.
Limitation of liability
Under no circumstances will Luxequisite be liable to you for exemplary, special, indirect, incidental or consequential loss or damage (including any or actual prospective lost revenue or profits) resulting from your use or inability to use the Services or for any other damages arising out of or in connection with this Agreement, even if such damages are reasonably foreseeable.Further any liability not disclaimed or denied by Luxequisite is limited to your direct and documented damages and, you agree, that in no event will such liability exceed in aggregate the following amounts as applicable to you:
(a) if you are a Buyer – ; or
(b) if you are a Seller – the aggregate Commission paid by you to Luxequisite in the 6 months immediately preceding the occurrence of the event giving rise to the claim.These limitations of liability apply regardless of the basis of your claim, including contract, tort, negligence, strict liability or any other legal theory or basis.
You agree to indemnify and hold harmless Luxequisite, our affiliates, and their respective employees, agents, and service providers (each a “Luxequisite Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Luxequisite Entity, and you agree to fully reimburse the Luxequisite Entities for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any Commentary that you have posted on the Service; (iii) your violation of any rights of another person or entity; or (iv) your use of the Service. This indemnity is a continuing obligation, constitutes a separate and independent obligation of the party giving the indemnity and will survive the termination or expiry of this Agreement.
Third party links and social media
12.1 Additional Information
As part of using the Services or subscribing to our membership program, you may be required by us to provide additional information (beyond the information required to register for an account with us) about yourself or such additional Personal Data as may be required by us or the Seller (collectively, “Additional Personal Data”). If you do not provide us with the requested Additional Personal Data, we may not be able to provide you with the Services.
12.2 Disclosure Authorisation
You agree that Luxequisite is permitted to share Registration Data, Additional Personal Data and information relating to your events and transactions on the Services with our payment processing partners and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties.
12.3 Failure to Provide
We reserve the right to suspend your Luxequisite account and terminate the Services in the event that we reasonably believe that your Registration Data or Additional Personal Data is inaccurate or if you fail to provide all Registration Data or Additional Personal Data within the timeframes requested.
This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Luxequisite. You may terminate this Agreement by closing your account with us. If you create another account with us, or use our Services again, you are consenting to this Agreement.
We may terminate this Agreement at any time for any reason by providing you with notice. We may suspend your account with us and your ability to use the Services or terminate this Agreement if:
(a) we determine in our sole discretion that you pose a risk of fraud or credit risk;
(b) determine in our sole discretion that you have used the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; or
(c) any Applicable Law or governmental or regulatory authority requires us to do so.
(a) all licences granted to you under this Agreement will end; and
(b) we will not be liable to you for any compensation, reimbursement or damages related to your use of the Services or any termination or suspension of the Services or the deletion of your information or account data.
Termination of this Agreement does not relieve the Seller of its obligations to provide the Products that you have already purchased prior to the date of termination. As mentioned above, the provision of Products to any end user is a matter that is solely between the Seller and the Buyer (for which we accept no liability) and is subject to the terms and conditions which the Seller has agreed with you (which we are not a party to). The termination of this Agreement would not affect your obligations under any agreement with any Seller.
If a dispute arises with another end user (whether as Seller or Buyer) in relation to a Product or otherwise, you are encouraged to contact that end user directly to resolve that dispute. If the dispute is notified to Luxequisite, we will attempt in good faith to facilitate a resolution of the dispute but are under no obligation to do so. You release Luxequisite from any claims, demands or damage arising out of your dispute with any end user.If any dispute arises with Luxequisite under or in relation to this Agreement it shall first be referred to Luxequisite. If the parties are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the appointment, by the President of the Court of Arbitration of the SIAC. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction.
15.1 Right to amend
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our Site or any other website we maintain or own. We may provide you with notice of any changes through the Site, via email, or through other means. Your use of the Services after a change has taken effect constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our Site at any time. You can find out when this Agreement was last changed by checking the “Updated” date at the bottom of the Agreement.
You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your account with Luxequisite to others without our prior written consent. Luxequisite may assign this Agreement without your consent or any other restriction.
15.3 No agency
Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us. Neither you nor we have the ability to bind the other party to any contract or obligation, and neither party will represent that you or we have such an ability.
15.4 Force majeure
Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.
15.5 Entire agreement
This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Luxequisite for provision and use of the Services. Except where expressly stated otherwise in writing executed between you and Luxequisite, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.
15.6 Survival provisions
All provisions of this Agreement that give rise to a party’s on-going obligation will survive termination of this Agreement, including but not limited to clauses 4.3 (commentary), 6 (compatibility), 8 (limitation of liability), 9 (indemnity), 13 (termination), 14 (dispute resolution), 15.6 (survival), 15.7 (governing law) and 15.8 (third party rights) of this Agreement and clause 9 (indemnity) of the Consignment Terms.
15.7 Governing law
This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. Subject to clause 14, the parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
15.8 Third party rights
Save as identified in this clause 15.8, a person who is not a party to this Agreement may not enforce any of its provisions under Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore).
It is intended that each Luxequisite Entity or the entities identified in clause 6 may enforce the benefits conferred on it under clauses 6 and 9 of this Agreement and clause 9 of the Consignment Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore). The consent of each Luxequisite Entity (other than Luxequisite) or the entities identified in clause 6 is not necessary for any variation (including any release or compromise in whole or in part of any liability) or termination of this Agreement or any one or more clauses of it.
If you have any questions or comments about this Agreement, the Site or the Services or wish to terminate this Agreement, please contact Luxequisite by email at firstname.lastname@example.org.
You also may write to Luxequisite at:
9 Raffles Place, Republic Plaza #606, 048619
Luxequisite shall provide all notices to you at the email address or physical address that you have provided to Luxequisite. You are solely responsible for keeping that information current with Luxequisite.
You hereby agree that all agreements, notices, disclosures, and other communications that Luxequisite provides electronically to you satisfy any legal requirement that such communications be in writing.