Terms and Conditions

1. Changes to Terms and Policies.

Novelship may in our discretion change these Terms (including the Privacy Policy and the FAQs or any policy) without notice to you. Changes take effect when we post them on our sites. YOUR CONTINUED USE OF THE SITE AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST OPT TO CANCEL YOUR ACCOUNT.

2. Novelship Marketplace.

Novelship provides a marketplace for buyers and sellers of certain consumer products. A description of the marketplace process and the rules applicable to buyers and sellers is on our FAQ page, as updated from time to time. To view or browse the marketplace, you must create an account using an email address and password or other account creation tools offered on the Services, such as a social media account. To sell, purchase, or offer to sell or purchase any items, you must create an account and have a valid credit card or other approved payment method on file with us. You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorised payment method. If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please review our other policies posted on this site which are part of the Terms and govern your use of the Services. We reserve the right to make changes to our site, policies, and the Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

3. Fees, Promotional/Discount Codes and Taxes.

Fees for the Services are described in our FAQ, as updated from time to time. Novelship may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. These promotional or discount codes may be sent via email to our registered users, presented on our web sites or circulated at events and through other means and, unless otherwise provided, are subject to the promotional or discount terms as detailed in the promotional campaign content as communicated via Novelship official accounts. As a seller, you are responsible and agree to collect, pay, report and remit any and all local, state, provincial, federal, or international taxes (including VAT and Goods and Services tax) that may be due with respect to your sales transaction, and as a buyer you agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that unless otherwise specified, Novelship is not responsible for reporting, collection or payment of any taxes on your behalf whether you are a buyer or a seller. You agree to provide Novelship with your National Identification Number, Passport Number, Social Security Number, Social Insurance Number or other tax ID if necessary for Novelship to provide information to the Internal Revenue Authority, Internal Revenue Service, Canada Revenue Agency or any provincial tax authority related to payments you receive from us and further authorise Novelship to release that information to the IRA, IRS, CRA, provincial tax authority or other competent governmental body.

4. Novelship‘s Role.

Buyers and sellers may only purchase or sell consumer products on Novelship’s website with Novelship only. Accordingly, requests or offers by buyers to buy, or sellers to sell, a particular consumer product are offers made by the buyers or sellers to Novelship only and not to other users on Novelship’s website. Similarly, consumer products posted on Novelship’s website as available for purchase or sale are offers made solely by Novelship to buyers or sellers on the website. When a buyer purchases a particular consumer product on Novelship’s website, the counterparty selling the particular consumer product to the buyer shall be Novelship. Similarly, where a seller sells a particular consumer product on Novelship’s website, the counterparty buying the particular consumer product from the seller shall also be Novelship. In buying and selling these consumer products, Novelship will enter into back-to-back transactions with a corresponding buyer or seller (as the case may be) in respect of the same particular consumer product, at a price which may be higher or lower than the price at which Novelship buys the consumer product from or sells the consumer product to you.

Although Novelship might provide access to product data and reference pricing data for any consumer products on Novelship’s website, Novelship does not guarantee that it will transact in any consumer product with you at a specified price until a transaction is confirmed. Novelship is not an auctioneer. The price of any consumer good offered by a seller or a buyer on Novelship’s website may be higher or lower than retail value. Unless otherwise specified, any item valuations displayed through the Services are purely estimations or ballpark figures only. Novelship does not guarantee that any consumer product posted on the Novelship website or any offer made by a buyer on Novelship’s website for a consumer product will be able to result in a transaction. We reserve the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending your account and charging your credit card or other linked payment method you have with us for costs we incur as a result of the violation. Although the Services are anonymous and we generally do not share your information with other users or any other persons, we may share your information with law enforcement and other third parties as part of an investigation related to any alleged violation of law or these Terms, and we may respond to all inquiries initiated by law enforcement or other governmental agencies.

The Services are accessible to certain international sellers and buyers. Novelship may provide access to certain features and tools to international sellers and buyers, such as estimated local currency conversion and integrated international shipping, customs and tax tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

5. Authentication, Shipping and Handling.

Where you as a seller have a confirmed transaction to sell a particular consumer product to Novelship, you acknowledge that Novelship may simultaneously also have entered into a corresponding contract with a buyer for that particular consumer product which corresponding contract Novelship would not have otherwise entered into but for your transaction. Similarly, where you as a buyer have a confirmed transaction to buy a particular consumer product from Novelship, you acknowledge that Novelship may simultaneously also have entered into a corresponding contract with a seller for that particular consumer product which corresponding contract Novelship would not have otherwise entered into but for your transaction.

Accordingly, where Novelship’s counterparty under such aforementioned corresponding contract fails to or is unable to duly perform its obligations to Novelship under such corresponding contract or such corresponding contract is terminated (whether by Novelship or the counterparty for any reason whatsoever) or Novelship is unable (having used commercially reasonable efforts) to confirm the authenticity of any particular consumer product, with the result that Novelship would be delayed or unable to duly fulfil any or all our payment or buyer shipment obligations to you under your transaction, we may, at our sole and absolute discretion, delay the performance of our payment or buyer shipment obligations to you under your transaction, or we may cancel or terminate your transaction, without any liability to you (save in the case where you are a buyer of a particular consumer product, to refund (at your cost) any amounts you may have paid to us under your transaction, and in the case where you are a seller of a particular consumer product, to return (at your cost) such product to you if you may have shipped the same to us under the transaction). Additionally, Novelship has the right to reject any item and terminate its contract with you in respect of that item (whether you are the seller of that item to Novelship or the buyer of that item from Novelship) for any reason, including but not limited to, authenticity or damage of the item. Where you are a seller of an item to Novelship, Novelship policy requires you as a seller to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, where you are a buyer, because we cannot control the amount of time it takes for us to receive an item from our seller, we cannot guarantee and do not commit to any specific buyer shipment timeframe for any items. If and when Novelship receives the relevant item and confirms its authenticity, Novelship will update the buyer of the item of the estimated buyer shipment date of the item (which shall be subject to change at Novelship’s sole and absolute discretion), and if the buyer does not receive the item, the buyer shall promptly report the issue to Novelship within 2 days of the latest estimated buyer shipment date. Novelship has the right, in our sole and absolute discretion to refuse to accept returns or refunds and/or to charge restocking fees for returned or abandoned items.

6. Counterfeits, Fraud, and Market Manipulation.

Novelship takes counterfeiting, fraud, price and market manipulation very seriously. If a seller provides a counterfeit item or attempts to defraud any buyer or Novelship, Novelship reserves the right to do any or all of the following, in its sole discretion: (i) reject any or all of seller‘s offers to sell any consumer products; (ii) cancel any or all of seller‘s orders pending through the Services; (iii) withhold any payments due to seller; (iv) place limits on seller‘s buying and selling privileges; (v) charge seller‘s credit card or other linked payment method for costs, expenses and fees incurred by Novelship as a result of seller‘s action or inaction, including charging seller for the cost of replacement items, the value of coupons and credits provided by Novelship to Novelship’s buyer, reprinting fees incurred by Novelship, rerouting charges imposed by carriers, refunds, and chargeback fees to the buyer; (vi) ship the item back to the seller at the seller‘s cost; (vii) provide the counterfeit items to law enforcement or destroy the counterfeit items, (viii) temporarily or permanently suspend seller‘s account, and (ix) charge Seller‘s credit card or other linked payment an additional amount equal to 15% of the transaction amount as a service fee. Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon Novelship‘s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller‘s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of offers to buy or sell consumer products, purchases, sales or account suspension. If this occurs in error please contact us at support@novelship.com. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through Novelship.

If a buyer receives an item that it believes to be counterfeit, the buyer must notify Novelship in writing within 2 days after receiving the item, and we will commence an investigation into the item. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, shipping the item back to Novelship at our direction, providing the item to law enforcement. If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on Novelship or elsewhere) that is reasonably believed to be counterfeit.

Novelship may monitor the integrity of the Novelship marketplace and may take steps to protect the marketplace as determined by Novelship in its sole discretion (e.g., if Novelship believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). If Novelship believes that a seller or buyer attempts to interfere with the free and fair operation of the Novelship marketplace, or creates artificial, false or misleading information, or information appearing to mislead on the Novelship marketplace (all of the foregoing in Novelship‘s sole discretion), then, without limiting any other rights of Novelship, Novelship reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user‘s offers to buy or sell consumer products from the Services; (ii) cancel any or all of the user‘s orders pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user‘s buying and selling privileges; (v) charge user‘s credit card for costs, expenses and fees incurred by Novelship as a result of the user‘s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user‘s account, and (viii) charge the user‘s credit card an additional service fee of up to S$1,000 to cover Novelship‘s investigation fees and other related costs and expenses.

7. Seller Obligations.

By making an offer to sell a consumer product on Novelship’s platform, you are making a binding offer to sell that specific item to Novelship. Novelship may then in turn post on the platform a corresponding offer of the item for sale by Novelship to potential buyers at such price as Novelship may decide in its sole and absolute discretion. Novelship shall accept your offer to sell the item upon a buyer accepting Novelship’s corresponding offer on the platform, upon which you shall be contractually bound to sell the item to Novelship for the price you have specified and to ship the item in accordance with our FAQ as updated from time to time. These terms apply specifically to consumer products that are not pre-order in nature only. When you accept an offer by Novelship to purchase a specific item by clicking “Sell Now”, you are similarly also accepting a binding obligation to sell that specific item to Novelship for the relevant price specified in the offer and to ship the item in accordance with our FAQ as updated from time to time. You are contractually and legally bound to ship that exact item for the specified price. SELLERS MUST SHIP items to Novelship via the shipping carrier designated by Novelship within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. Novelship will provide you with a shipping label with such carrier after sale transaction is confirmed. You are required to include the shipping instruction sheet in your shipment along with the product. You are obligated to monitor your inventory and ensure all your offers to sell consumer products can be fulfilled by you. Once a transaction for the sale and purchase of a specific item has been confirmed, under no circumstances may a seller cancel the sale. Failure to fulfill your orders will result in additional charges to you, including an additional charge up to 15% of the transaction amount or $15.00 SGD for items below $50.00 SGD, whichever is greater, as a service fee. If a seller fails to ship items to Novelship in accordance with this policy, Novelship reserves the right to do any or all of the following, in its sole discretion: (i) charge seller‘s credit card an additional amount up to 15% of the transaction amount as a service fee; (ii) remove any or all of seller‘s offers from the platform; (iii) cancel any or all of seller‘s orders pending through the platform; (iv) withhold any payments due to seller; (v) place limits on seller‘s buying and selling privileges; (vi) charge seller‘s credit card for costs, expenses and fees incurred by Novelship as a result of seller‘s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided by Novelship to its buyer, reprinting fees incurred by Novelship, rerouting charges imposed by carriers, refunds, and chargeback fees to Novelship’s buyer; and (vii) temporarily or permanently suspend seller‘s account.

As a seller, you are required to ensure that the items you offer for sale on the platform exactly matches the product image included in your offer. You are required to ensure your product meets the applicable Conditions. If Novelship or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then we will charge your credit card an amount equal to 15% of the transaction amount as a service fee, plus additional amounts or, as determined in Novelship‘s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to Novelship’s buyer, reprinting fees incurred by Novelship, rerouting charges imposed by carriers, and refunds to Novelship’s buyer. Notwithstanding anything to the contrary in these Terms, Novelship has no obligation to return items that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, Novelship may turn those items over to the proper authorities) at your cost. Novelship will pay you within twenty-eight (28) days after the sale is complete, which occurs when the product has been verified authentic and in good condition by Novelship. To get paid more quickly, ship your items immediately after your sale has been confirmed. To see the fees applicable to sales transactions, please refer to the selling tab in your dashboard view, where your offer price for the item is displayed with a breakdown of relevant transaction and platform fees. The seller fee applicable to you is set out on Novelship’s website.

8. Buyer Obligations.

As a buyer, by making an offer to buy a consumer product on Novelship’s platform, you are making a binding offer to buy that specific item from Novelship. Novelship may then in turn post on the platform a corresponding offer of the item for purchase by Novelship to potential sellers at such price as Novelship may decide in its sole and absolute discretion. Novelship shall accept your offer to buy the item upon a seller accepting Novelship’s corresponding offer on the platform, upon which you shall be contractually bound to pay for such item at the price indicated in your offer. When you accept an offer by Novelship to sell a specific item by clicking “Buy Now”, you are similarly also accepting a binding obligation to buy that specific item from Novelship for the relevant price specified in the offer. As a buyer, you acknowledge and agree that the items you purchase on Novelship’s website are sold without the making of any representations or warranties of any kind by Novelship with respect of the items, and any statements made by Novelship to you as a buyer of such item are not material and have not been relied upon by you as a buyer. Novelship will use commercially reasonable efforts to verify the authenticity of an item received by Novelship from its own respective seller. However, you as a buyer acknowledge and agree that the items purchased by you shall be accepted by you on an “as-is”, “where-is” condition “with all faults” as at the date the item is received by Novelship. To be an eligible buyer you must have a billing address and shipping address within one of the countries that Novelship supports. You can see a full list of these countries at Countries We Ship To, which may be updated from time to time. Unless we have collected the applicable customs, duties, taxes and any other related fees you will be responsible for making payment of the same to the relevant authorities in addition to the international shipping charges; you will be solely responsible for compliance with all customs requirements on import; and, when placing your order, you authorize us to appoint an agent to file the customs declarations on your behalf. In general, we charge your credit card or other approved payment method on file with us immediately upon purchase. You might be required to pay certain fees as described when placing your order to purchase a consumer product, as updated from time to time. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is canceled, chargeback is requested), Novelship reserves the right to do any or all of the following, in its sole discretion: (i) charge buyer’s credit card an additional amount equal to 15% of the transaction amount or $15.00 SGD for items below $50.00 SGD, whichever is greater, as a service fee; (ii) remove any or all of buyer‘s Offers or Purchases from the Services; (iii) cancel any or all of buyer‘s Offers or Purchases pending through the Services; (iv) withhold refunds or payments due to buyer; (v) place limits on buyer‘s buying and selling privileges; (vi) charge buyer‘s credit card for costs, expenses and fees incurred by Novelship as a result of buyer‘s action or inaction; and (vii) temporarily or permanently suspend buyer‘s account. ALL SALES ARE FINAL ONCE THE BUYER’S ACCEPTANCE OF AN OFFER FROM NOVELSHIP TO SELL AN ITEM OR NOVELSHIP’S ACCEPTANCE OF THE BUYER’S OFFER TO BUY AN ITEM IS MADE, AND WE RESERVE THE RIGHT TO REJECT ANY REFUND REQUEST IN OUR SOLE AND ABSOLUTE DISCRETION REGARDLESS OF THE CURRENT VALUE OF THE ITEM.

If you experience a problem with your purchase or an item, please contact us at support@novelship.com. If there is a problem with an item you received, you must contact us in writing within 2 days after receiving the item with a detailed description of the problem. Novelship QR code stickers that are attached to items must not be removed, or the items will not be eligible for return or exchange under any circumstance (including damage in transit). Should the user disagree with the outcome and assessment by Novelship with regards to shipped products, the user can make a return for further inspection at the expense of the user, which will include any buyer shipment cost, import duties and taxes. Novelship will conduct further inspection upon receiving the returned products. Should the product be found to be not in the same condition as it was when sent out to the user, Novelship reserves the right to stand by its assessment, and such assessment will be final.

Buyers should always declare their intended final buyer shipment location to the best of their knowledge during check out as all charges are computed based on the buyer shipment location. By changing your buyer shipment location after your purchase please note that you may incur additional shipping and importation taxes based on your new buyer shipment location and the Company reserves the right to determine the additional charges incurred for such changes.

9. Limitations and Restrictions.

Novelship does not provide any guarantee that your offers to sell or purchase an item on our platform will be accepted, and we will not provide any compensation in any such event. Novelship also does not guarantee that it will or when it will post any item for sale on Novelship’s platform, and is not responsible any unsold items resulting from any such omission or delay from posting an item for sale. Novelship conducts periodic scheduled maintenance as well as unscheduled emergency maintenance from time to time. During maintenance periods the Services (or portions thereof) may be temporarily unavailable. You must not do any of the following:

1. use our Services to solicit sales outside of Novelship or to contact any user of the Services;

2. engage in abusive treatment of other users of the Services or any Novelship employee;

3. use the Services for any illegal or unlawful purpose or activity, and you agree to comply with all applicable laws with respect to your access and use of the Services;

4. use Novelship‘s trademarks without our written permission;

5. except to the extent permitted by applicable law (including the Copyright Act 2006 (Chapter 63)), copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of Novelship and the appropriate third party, as applicable;

6. commercialize all or any part of the Novelship Services;

7. use any robot, spider, scraper, or other automated means to access our Services for any purpose without our express written permission;

8. take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;

9. bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or

10. do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.

10. Intellectual Property.

You acknowledge and agree that:

i. our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and

ii. nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Novelship or its licensors or suppliers, and are protected by Singapore and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of Novelship and protected by Singapore and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.

11. User Content.

If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or ship digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If Novelship does decide, in its sole discretion, to attribute User Content to you, you hereby grant Novelship the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of legal and moral rights associated with being the author of User Content, and to consent to Novelship doing all acts that would otherwise constitute an infringement of your legal and moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content.

You agree that Novelship (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if Novelship receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.

You are prohibited from posting any libellous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.

You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn‘t involve the sale of counterfeit or stolen items; (d) doesn‘t infringe any third party‘s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to Novelship under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn‘t violate any law, statute, ordinance or regulation, including without limitation those governing personal data privacy, consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn‘t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of Novelship‘s marketplace.

You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor‘s parent or legal guardian.

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Novelship, you acknowledge and agree that: (a) your Contributions don‘t contain confidential or proprietary information; (b) Novelship isn‘t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Novelship shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) Novelship may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Novelship without any obligation of Novelship to you; and (f) Novelship is free to use any ideas, concepts, or techniques that you send Novelship for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren‘t entitled to any compensation or reimbursement of any kind from Novelship under any circumstances.

12. Indemnity.

You shall indemnify, defend and hold Novelship and our affiliates and their respective officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys‘ fees) incurred by Novelship that arise out of any third party or governmental claim or demand that involves, relates to or concerns (a) your offer or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of Novelship‘s Services, (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligations or amounts due or owing under any tax regulation, law, order or decree.

13. Disclaimer of Warranties; Limitations of Liability.

You covenant not to sue Novelship, and agree that you will not hold Novelship responsible, for other users‘ content, actions, or inactions. Novelship is a marketplace for consumer goods. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, and/or items posted by Novelship under offer for purchase or sale. If you have a dispute with one or more users, as a buyer or seller, you release and covenant not to sue Novelship, its affiliated companies, and our and their respective officers, directors, agents, joint venture partners, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this contract, you expressly waive any protections (whether statutory or otherwise - e.g., Personal Data Protection Act) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour at the time of agreeing to this release.

14. Disputes with Novelship.

You and Novelship agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, Novelship‘s Services, will be resolved in accordance with the provisions set forth in this Section 14. Please read this Section carefully. It affects your rights and will impact on how any claims you and we have against each other are resolved.

You agree that the laws of the Republic of Singapore, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Novelship. Legal notices shall be served on Novelship‘s registered agent (in the case of Novelship) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

You and Novelship each agree that any and all disputes or claims that have arisen or may arise between you and Novelship relating in any way to or arising out of the Terms or your use of or access to Novelship‘s Services, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court or tribunal located in your jurisdiction, if your claims qualify. IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A COURT OF LAW. The Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

a. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND NOVELSHIP AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NOVELSHIP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON‘S OR PARTY‘S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY‘S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER NOVELSHIP USERS.

b. Arbitration Procedures. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would. All issues are for the arbitrator to decide, except that issues relating to whether a case is to be decided by arbitration, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable. The arbitration will be conducted by the Singapore International Arbitration Centre (SIAC) under its rules and procedures. The SIAC‘s rules are available at http://www.siac.org.sg/our-rulesor by calling the SIAC at +65 6713 9777. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute “Notice”). A Notice to Novelship should be sent to 2 Gambas Crescent #07-24, Singapore 757044. Novelship will send any Notice to you to the physical address we have on file associated with your Novelship account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Novelship are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Novelship may initiate arbitration proceedings. A Notice of Arbitration may be filed with SIAC by hand, registered post, courier service, email or facsimile. The Notice of Arbitration should be addressed to the Registrar. SIAC‘s contact details are as follows: Email: case management@siac.org.sg (email size should not exceed 5MB); Fax: +65 6713 9778; Address: 32 Maxwell Road, #02-01 Maxwell Chambers, Singapore 069115. In addition to filing this form with the SIAC in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the Notice of Arbitration to the opposing party. You may send a copy to Novelship at the following address: 2 Gambas Crescent #07-24, Singapore 757044. In the event Novelship initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Novelship account. Any settlement offer made by you or Novelship shall not be disclosed to the arbitrator. The arbitration shall be held in the country and state in which Novelship reside or at another mutually agreed location. If the value of the relief sought is S$10,000 or less, you or Novelship may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Novelship subject to the arbitrator‘s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Novelship may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Singapore, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Novelship users, but is bound by rulings in prior arbitrations involving the same Novelship user to the extent required by applicable law. The arbitrator‘s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

c. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the SIAC‘s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is S$10,000 or less, at your request, Novelship may elect to pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Novelship should be submitted by mail to the SIAC along with your Demand for Arbitration and Novelship will deliberate and decide whether to make arrangements to pay all necessary fees directly to the SIAC. If the value of the relief sought is more than S$10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Novelship may elect to pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Novelship for all fees associated with the arbitration paid by Novelship on your behalf that you otherwise would be obligated to pay under the SIAC‘s rules.

d. Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (‘Prohibition of Class and Representative Actions and Non-Individualized Relief’) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement will continue to apply.

e. Opt-Out Procedure. If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt-out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms for the first time. You must mail your Opt-Out Notice to: Novelship Pte Ltd, 2 Gambas Crescent #07-24, Singapore 757044.

Your Opt-Out Notice should state that you opt-out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number and email address(es) used to log in to the Novelship account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

f. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendments to this Agreement to Arbitrate (other than a change to any notice address or website link provided here in) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Novelship prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Novelship. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on https://www.Novelship.com at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.

If you‘re a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Intellectual Property Law and Copyright Act by providing Novelship‘s Copyright Agent with the following information in writing:

a. The physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Novelship, the service provider, to locate the material;

d. Information reasonably sufficient to permit Novelship to contact you, such as an address, telephone number, and, if available, an email address;

e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

f. A statement, under penalty of perjury, that the information in the notification is accurate that you‘re authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must provide notice of claimed infringement to Novelship‘s designated Copyright Agent at 2 Gambas Crescent #07-24, Singapore 757044, email: crew@novelship.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement claim notice may not be valid. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner‘s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:

a. Your physical or electronic signature;

b. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;

c. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and

d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Singapore, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by Novelship‘s Copyright Agent, Novelship may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Novelship‘s sole discretion.

16. Electronic Communications.

When you use the Services, or send emails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Typographical Errors.

The Sites and the Services could include technical inaccuracies or typographical errors. Novelship shall have no liability in connection with any such inaccuracies or errors, nor shall Novelship have any obligation to identify and/or correct any such inaccuracies or errors.

18. Links to Other Websites.

For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of Novelship (the “Linked Websites”). Novelship does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Novelship disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Novelship arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) Novelship is affiliated or associated with any Linked Website; (b) Novelship is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Novelship.

19. Disclaimer of Third Party Information.

When you use the Services, or send emails, text messages, and other communications from your computer or mobile device to us,you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. General.

These Terms and Conditions, together with all additional Terms and our FAQs, constitute the entire agreement between you and Novelship relating to your use of our Services. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is found to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of the Terms shall not be affected. Novelship may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of Novelship, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. The terms and conditions set forth in these Terms are for your benefit only, not for the benefit of any third party except for Novelship‘s permitted successors and assigns. These Terms are governed by the laws of the State of Singapore, without regard to conflicts of law provisions, and except as described in Section 14 exclusive venue is in the federal and state courts located in Singapore, Singapore. By using the Novelship website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside. The parties each hereby disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods.