TERMS OF SERVICE

OVERVIEW

Welcome to NIGHT&DAY. NIGHT&DAY is a brand operated by Skinessence Pte. Ltd. (“NIGHT&DAY”, “we”, “us” or “our”). These Terms of Service govern your use of our website and your purchase of products from us.

NIGHT&DAY operates this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them (collectively, these “Terms of Service” or “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights and cover matters including warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence or that you have obtained all necessary consent from a parent or legal guardian to use the Services.

To access or use certain parts of the Services, including purchasing products, you may be required to provide information such as your email address and billing, payment and shipping information.

You represent and warrant that all information you provide is accurate, current and complete and that you have the necessary right to provide that information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display and describe our products accurately. However, colours and appearance may vary slightly depending on your device, screen settings, lighting and natural variations in the product. These variations do not affect your statutory rights.

Product descriptions, pricing, availability and other product information may be changed at any time without prior notice.

We reserve the right to discontinue a product or limit the quantity of products available to any person, geographic region or jurisdiction on a case-by-case basis.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from us. We reserve the right to accept or decline an order in accordance with applicable law.

Your order is not accepted until we confirm its acceptance. Payment must be successfully received and processed before an order is accepted.

Please review your order carefully before submitting it. If you need to cancel or amend an order, contact us as soon as possible. We will do our best to assist, but changes or cancellations cannot be guaranteed once an order has been processed or dispatched.

If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed.

Purchases are subject to our Shipping Policy and Refund Policy, which form part of these Terms.

You represent and warrant that products purchased through the Services are intended for your personal or household use and not for unauthorised commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without prior notice. The price charged will be the price displayed at the time your order is placed and will be included in your order confirmation.

Unless otherwise stated, displayed prices may not include shipping fees, customs duties, import charges or other applicable charges. Any applicable charges will be displayed at checkout where available.

Prices displayed through our online store may differ from prices offered through physical stores, third-party retailers or other sales channels.

Promotions may be subject to separate terms and conditions. If promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information and to update that information when necessary so that we can complete your transaction and contact you regarding your order.

You represent and warrant that:

1. The payment information you provide is accurate and complete.

2. You are authorised to use the selected payment method.

3. Charges incurred through your selected payment method will be honoured.

4. You will pay all applicable charges associated with your order.

SECTION 5 – SHIPPING AND DELIVERY

Delivery timeframes are estimates and may be affected by circumstances outside our reasonable control.

If your order is lost or arrives damaged, please contact us in accordance with our Shipping Policy and Refund Policy so that we can assist you.

Shipping destinations, delivery charges, estimated delivery times and tracking arrangements are described in our Shipping Policy [LINK].

Complimentary delivery within Singapore is available for qualifying orders, subject to the conditions displayed on our website or at checkout.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including all trademarks, brand names, text, images, graphics, product reviews, videos, audio, designs and the selection and arrangement of that content, are owned by or licensed to Skinessence Pte. Ltd. and are protected by applicable intellectual property laws.

These Terms permit you to access and use the Services for personal and non-commercial purposes only.

Without our prior written consent, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material made available through the Services, except where permitted by applicable law.

Nothing in these Terms grants you a licence or other right to use any patent, trademark, copyright or other intellectual property belonging to NIGHT&DAY, Skinessence Pte. Ltd., Shopify or any third party, except as expressly stated.

The NIGHT&DAY name, logo, product names, service names, designs and slogans are trademarks or intellectual property belonging to Skinessence Pte. Ltd. or its licensors. They may not be used without our prior written permission.

The Shopify name, logo, product names, service names, designs and slogans are trademarks of Shopify. Other names, logos and trademarks appearing through the Services belong to their respective owners.

All rights not expressly granted under these Terms are reserved.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools offered by third parties as part of the Services. We do not necessarily monitor or control these third-party tools.

Unless otherwise required by applicable law, access to optional third-party tools is provided on an “as is” and “as available” basis without warranties, representations, conditions or endorsements of any kind.

Your use of optional third-party tools is at your own discretion and risk. You should review and understand the terms and policies of the relevant provider before using them.

We may introduce new features, tools or resources through the Services. Such additions will form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain content, functionality or links provided or operated by third parties.

We are not responsible for examining or evaluating the accuracy, content, availability, security or practices of third-party websites or services.

If you choose to access a third-party website or service, you do so at your own discretion. We are not responsible for loss or damage arising from your use of or reliance on third-party websites, products, services, resources or content, except where liability cannot be excluded under applicable law.

Please review the policies and practices of the relevant third party before entering into a transaction with them.

Questions, complaints or claims concerning third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

NIGHT&DAY is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions made directly between you and Skinessence Pte. Ltd.

To the extent permitted by applicable law, Shopify is not responsible for sales made between you and Skinessence Pte. Ltd., including any injury, damage or loss arising from products purchased from us.

Nothing in this section limits any rights you may have against Shopify that cannot lawfully be excluded or limited.

SECTION 10 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available here: [LINK].

Certain personal information may also be processed in accordance with Shopify’s Privacy Policy, available at Shopify Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process information concerning your access to and use of the Services to operate, support and improve the platform.

Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside Singapore or your place of residence, as necessary to operate the Services.

Please review our Privacy Policy for further information about how we, Shopify and our service providers collect, use, disclose and protect personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content relating to the Services (“Feedback”), you grant us a worldwide, non-exclusive, transferable, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, evaluating, improving and promoting the Services.

You represent and warrant that:

1. You own or have the necessary rights to submit the Feedback.

2. You have disclosed any compensation or incentives received in connection with the Feedback.

3. Your Feedback complies with these Terms and applicable law.

Unless otherwise agreed or required by applicable law, we are not obligated to keep Feedback confidential, compensate you for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we reasonably believe is unlawful, offensive, threatening, defamatory, obscene, misleading, infringes another party’s rights or otherwise violates these Terms.

Your Feedback must not violate any third party’s intellectual property, privacy, personality or other rights. It must not contain unlawful, abusive or obscene material, computer viruses or other malicious code.

You must not use a false email address, impersonate another person or misrepresent the origin of Feedback.

You remain responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information made available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to update information or cancel an affected order if information is materially inaccurate.

If an accepted order is affected by a material pricing or product-information error, we will contact you using the details supplied with your order and provide an appropriate resolution in accordance with applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not access or use the Services, directly or indirectly:

1. For any unlawful, fraudulent or malicious purpose.

2. In violation of any applicable law, regulation or legal requirement.

3. To infringe our intellectual property rights or the rights of another party.

4. To harass, abuse, threaten, defame, discriminate against or harm another person.

5. To transmit false, deceptive or misleading information.

6. To submit material that violates these Terms.

7. To distribute spam, chain letters, unsolicited promotions or similar communications.

8. To impersonate another person or entity.

9. In a way that restricts another person’s use or enjoyment of the Services.

10. In a way that may damage NIGHT&DAY, Skinessence Pte. Ltd., Shopify, the Services or their users.

You must also not:

1. Upload or transmit malicious code, viruses or other harmful technology.

2. Reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorised part of the Services.

3. Unlawfully collect or track personal information belonging to others.

4. Engage in phishing, pharming, scraping or similar harmful activities.

5. Use automated systems, robots, spiders, scraping tools or other data-extraction methods to access the Services without authorisation.

6. Interfere with, bypass or circumvent security, authentication, robot-exclusion or access-control measures.

We may suspend, restrict or terminate access to the Services if we reasonably determine that you have violated these Terms.

SECTION 14 – AUTOMATED AGENTS

This section applies if you use, enable or deploy an automated or semi-automated software agent (“Agent”) to access or interact with the Services.

An Agent may not access or interact with the Services unless it identifies itself and complies with these Terms and any technical or usage requirements we communicate.

We may use reasonable technical measures to limit or control how Agents access and interact with the Services.

Agents must:

1. Clearly identify automated requests and disclose the Agent’s name in the applicable user-agent string.

2. Not conceal or misrepresent automated activity as human activity.

3. Not circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity.

4. Respond truthfully to measures intended to identify automated interactions.

5. Not bypass measures intended to block, limit or control automated access to the Services.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services if you breach these Terms, misuse the Services or engage in conduct that may cause harm to NIGHT&DAY, Skinessence Pte. Ltd., Shopify, our service providers or other users.

You will remain responsible for amounts properly due up to the effective date of termination.

Provisions concerning intellectual property, Feedback, disclaimers, liability, indemnification, severability, governing law and any other provisions that by their nature should survive will continue to apply after termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. While we make reasonable efforts to keep information accurate and current, we do not guarantee that all information will always be complete, current or error-free.

Any reliance on information provided through the Services is at your own discretion and risk.

Except as expressly stated by NIGHT&DAY or required under applicable law, the Services are provided on an “as is” and “as available” basis without express or implied representations, warranties or conditions.

To the fullest extent permitted by applicable law, we do not guarantee that access to the Services will be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, restricts or modifies warranties, conditions, guarantees, rights or remedies that cannot lawfully be excluded, restricted or modified.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Skinessence Pte. Ltd., NIGHT&DAY and their directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential loss arising from your access to or use of the Services or products purchased through the Services.

This includes, where permitted by law, loss of profits, revenue, savings, data or replacement costs.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability that cannot lawfully be excluded under applicable consumer-protection laws.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Skinessence Pte. Ltd., NIGHT&DAY, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages and reasonable legal costs arising from:

1. Your material breach of these Terms or policies incorporated into them.

2. Your violation of applicable law or another party’s rights.

3. Your unlawful or unauthorised use of the Services.

We will notify you of an indemnifiable claim within a reasonable time. A delay in notification will not relieve you of your obligations except to the extent that the delay materially prejudices your ability to respond.

We may control the defence and settlement of a claim at your expense, but we will not agree to a settlement imposing a non-monetary obligation on you without your consent, which must not be unreasonably withheld.

You agree to provide reasonable cooperation in the defence of an indemnified claim.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the greatest extent permitted by law.

Any unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and us concerning your access to and use of the Services.

They supersede previous or contemporaneous agreements, communications and proposals relating to the Services, whether oral or written.

SECTION 21 – ASSIGNMENT

You may not transfer, delegate or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer or assign these Terms and our rights and obligations in connection with a business transfer, restructuring, merger, acquisition or sale, subject to applicable law.

SECTION 22 – GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements through which we provide the Services are governed by and construed in accordance with the laws of Singapore.

Subject to any rights you may have under applicable consumer-protection laws, the courts of Singapore will have jurisdiction over disputes arising from or relating to these Terms or the Services.

SECTION 23 – HEADINGS

The headings used in these Terms are provided for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 – CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We may update, change or replace parts of these Terms by publishing an updated version on our website.

Where required by applicable law, we will notify you of material changes. Such changes will take effect on the date stated in the relevant notice.

Your continued access to or use of the Services after updated Terms take effect constitutes acceptance of those changes, to the extent permitted by applicable law.

SECTION 25 – CONTACT INFORMATION

Questions concerning these Terms should be sent to:

NIGHT&DAY
Operated by Skinessence Pte. Ltd.
UEN: 202426111R
Business address: 3 Anson Road, #20-01, Springleaf Tower, Singapore 079909
Email: hello@nightandday.club
Telephone: +65 8850 7586