1. INTRODUCTION

1.1 Welcome to www.bigart.sg (The “Site”). Site is owned and operated by The Learning Grid Pte Ltd and its affiliates (hereafter Big Art!). Our mission is to provide art courses, art awareness talks and events, art repository and gallery services and art store (hereafter the “Services“) to any individual standing with a bona fide interest in such domain that registers with Big Art! (hereafter the “Users“).

1.2 The Services include access to online courses, talks, personal repository of own works. It allows Users to attend courses dedicated to art, developed by Big Art! and its panel of art providers (hereafter the “Courses“).

1.3 We offer our services to you based on the terms and conditions set out below. By using this site and its services, you are deemed to have accepted these terms and condition to use (“TCU”) as well as our privacy policy. If you do not agree to be bound by this TCU, you may not use the Site in any way. Should the TCU conflict with any other documents, the TCU will prevail for the purposes of usage of the Site.

1.4 Big Art! reserve the right to update or revise the TCU at our sole discretion from time to time. The updated TCU will be posted on the site and shall take effect from the date of posting. The continued use of this site following the posting of any changes to the TCU constitutes acceptance of those changes. This TCU was last modified on (date), 2021.

2. COPYRIGHT AND LICENSING

2.1 Services offered on Site, in their entirety, are protected by trademark laws, international copyright, and other proprietary rights. The owners of the trademarks and copyrights are Big Art!, its partners, and/or other third party licensors including but not limited to course and content creators. You as the User shall be granted a limited, revocable, non-licensable licence to view Content. You may not copy, reproduce, modify, republish, upload, post, distribute, or transmit, in any manner, the material on the service, including video content, text, graphics, audio content, code or software. You may print portions of the material from the different areas of the Services solely for your own non-commercial use. You cannot change or delete any copyright or proprietary notices from the materials. You cannot share any materials that you paid for with anyone else who has not purchased a license for that material.

2.2 You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

2.3 You cannot use any robots, spiders, data mining, extraction tools, manual processes, data gathering tools, screen scraping, database scraping, to collect data or content, list of users, portions of database, or any other information from site.

2.4 Content submitted by users on the Site (including, without limitation, any information submitted on message boards, forums, questions, answers, reviews, or other public areas of the Service) is sometimes referred to in these TCU as “User Content.” All User Content is subject to these TCU, whether or not published on Site. User Content does not include content, products or art pieces offered for sale or as free downloads on the Site.

2.5 Site does not guarantee any confidentiality with respect to User Content. You are solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Content, including the right to authorize Site to use the User Content in the manner contemplated by the Site and this TCU.

2.6 You hereby grant to Site a royalty-free, non-exclusive, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any User Content or any other materials or information you communicate to Site by all means and, in any media, now known or hereafter developed. This includes, without limitation, ideas for new or improved products or services that may or may not be offered by Site. However,

2.7 You also grant Site the right to use your name in connection with the submitted materials or any other information as well as in connection with all marketing, advertising, and promotional material related thereto. You agree that you shall have no recourse against Site for any alleged or misappropriation of any proprietary rights or actual infringement in your communications to Site.

2.8 Site neither endorses nor assumes any liability for the contents of any User Content. We generally do not monitor, pre-screen, or edit User Content. However, we have the right at their sole discretion to remove any User Content or other content that, in our judgment, does not comply with these TCU, does not comply with any other rules of user conduct for the Service, infringes on content publishing laws of the Republic of Singapore or is otherwise inaccurate, objectionable, or harmful.

2.9 You further agree that in respect of third-party Content, including but not limited to Content uploaded by other Users, that Big Art! shall be in no way responsible or liable for any such Content. Big Art! assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties

2.10 Site is not responsible for any delay or failure in removing any User Content or other content. You hereby consent to such removal at Site’s discretion and waive any claim against us arising out of such removal of any User Content, whether it is your own or of another user’s.

2.11 Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Big Art! with the following information:

• a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• b) a description of the copyrighted work that you claim has been infringed;
• c) a description of where the material that you claim is infringing is located on Site;
• d) your address, telephone number, and e-mail address;
• e) a written statement by you that you have, in good faith, a belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

3. ELIGIBILITY AND ACCOUNT TERMS

Membership – Learner Users

3.1 Use of the Site is available to all persons. Users may register either directly with the Site or Facebook.com (“Facebook”) or Plus.Google.com (“Google+) or your email accounts.

3.2 If You are a minor – under the age of 18 years - You are required to declare this information at the time of registration as a User. Your communications will be monitored by our moderators and you will be provided with three warnings in case it is found that you are sharing information online that identifies you personally in any manner. In the event of a fourth infarction of this nature, your Account shall be terminated forthwith and you shall be banned from opening an Account till you attain majority.

3.3 Children below the age of 13 may use Big Art! under an account created for them by an adult who should be related to the child either as parent, legal guardian or an educator where the child is schooling at. The account may be transferred to the child when he/she attains the age of 13.

3.4 If it is discovered at any point of time by Big Art! that You are younger than either 18 years OR 13 years of age and have failed to declare it at the time of registration, Big Art! reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.

3.5 Even other than in circumstances where You are found to have declared your age incorrectly, Big Art! reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Site without providing You with any reasons or explanations.

3.6 You shall refrain from transferring, selling or trading your Account to any third parties. Any such actions on your part that comes to Big Art!’s notice shall result in the immediate termination of your Account.

Membership – Artist or Arts Education Provider Users

3.7 A registered User may apply to be an Artist through applying within the Site with their art education and artist credentials. Approval will be subject solely to the discretion of the management of Big Art!.

3.8 Once approved, Artist earn revenue by selling Courses, products and works through Site.

3.9 The following payment terms apply when you publish a Course for sale or offer your products or artworks for sale on Site:

• a) “Payout Rate” is defined as the percentage of the sale price you earn for each Course or works you sell through Site. Payout Rates may vary depending on the type of items sold and your Membership level. The applicable Payout Rate is applied only to the sale price at the time sold, after any Transaction Fees, Taxes or Shipping Charges are applied, where applicable. The remaining amount of the sale price is retained by Site as a service fee. “Payout” refers to the nett amount you apply to withdraw after deduction of all relevant fees.
• b) The fees and Payout Rates for each Seller Membership are defined in our Artists Membership Plans (pls hyperlink – see details last page of this doc) which is incorporated as part of this TCU. For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal.
• c) To qualify for payments, the instructor must have accrued at least $50 of unpaid or new earnings.
• d) To issue Payouts, we work with third party companies which process and transfer funds between us and our Sellers (the “Payout Services”). To receive Payouts, Sellers must have an account capable of receiving payments with a supported Payment Service.
• e) If you are unable to register a Payout Account with any of the supported Payment Services, we may explore alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third-party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.
• f) Content creators have 60 days from the time at which a payment was or should have been made to report any payment discrepancies. After 60 days, content creators waive their rights to dispute any payment.
• g) Payment Services may assess transaction fees when we transfer your Payouts to you. Site will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
• h) Site’s sole responsibility is to process payments and pay out artists in the proportions set forth above. Site is not a party to any transaction between any student and/or artist and not responsible for any issues arising from any such transaction.
• i) Artists are independent contractors and are themselves responsible for reporting and paying all taxes associated with the fees they earn.
• j) Site reserves the right to withhold or cancel payments to instructors if it deems, in its sole judgment and absolute discretion, that the artist has engaged in any behaviour that violates any part of this TCU.

4. GENERAL USAGE

4.1 These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with any Course(s) ordered by you. You should understand that by ordering any of our Course you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.

4.2 By placing an Order, you warrant that you are legally capable of entering into binding contracts and you are at least 13 years old and in good health. Adult users will need to order Courses on behalf of users below 13 years old.

4.3 You agree to be responsible for maintaining the security of your account and password. Any actions taken by your account will be deemed to be taken by you. Site will not be liable for any loss or damage from your failure to comply with this obligation.

4.4 You are solely responsible for the substance of your communications through Site.

4.5 You will not impersonate any other person or entity, including any of Site employees or Site representatives.

4.6 You must not:

• a) Attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site;
• b) Distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Site for any public or commercial purpose without our written consent; and/or
• c) Access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.
• d) Post images or words that are vulgar, indecent, defamatory or breach the laws of the Republic of Singapore.

4.7 You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose, to gain Online Access, remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us or the Training Provider immediately.

4.8 You represent and warrant that:

• a) you own the Content posted by you on the Site;
• b) your Content does not violate the privacy rights, copyright rights, or other rights of any person;
• c) by posting the Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party
• d) any information you provide as a part of the Content is correct and true to the best of your knowledge and is provided by You in good faith; and
• e) Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide may be accessible to every User of the Site, except as provided herein.

4.9 Any interactions, agreements between You and other Users or advertisers are made completely independent of Big Art!. Big Art! is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by you thereunder. You shall indemnify and hold harmless Big Art! against any such disputes.

4.10 In order to protect Users from unwanted advertising and solicitation, Big Art! may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Site shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Site.

4.11 You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.

4.12 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain Online Access or purchase Course(s).

4.13 We reserve the right to: (a) suspend or terminate access to Online Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Training Provider’s Brochure or Site at any time; and (c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default)

5. PAYMENT

5.1 Big Art! fees are quoted in SGD dollars and exclusive of any applicable VAT, GST or any applicable tax, which shall be added to the quoted price and shall be payable to Big Art! together with the quoted price.

5.2 By making any payment, you recognize that you have checked that the payment could validly be made pursuant to national and international laws and regulations applicable to this transaction including those adopted by the State of origin of the currency used.

5.3 You may effect payment in the Site by using one of the following payment methods (hereafter the “Payment Instrument“):

• a) payment by credit card or other online payments accepted by Site at the point of purchase
• b) payment through promotional codes or vouchers that have been offered to you.
• c) redemption of Big Art! credits where it is applicable for selected Services

5.4 You may be asked during the payment process to provide your credit card information. As a User of the Services, you agree that your credit card will be charged, or your bank account debited of the applicable fees and any sales tax and any other charges you may incur in connection with your use of the Services. Except as stated therein, all fees and charges are non-refundable.

5.5 You agree to pay all amounts due pursuant to the order and to maintain adequate funds or credit balances on your Payment Instrument to satisfy all amounts due to Big Art!.

5.6 Any bank fees or charges incurred on your Payment Instrument by your credit firm or bank are your responsibility. Except if otherwise expressly refused by you, all fees will be billed to the Payment Instrument you designated when you first incurred a charge on the Services. If any of your billing information changes, you must update that information by contacting Big Art!, using the contact details that appear on the Site or by means of the “Contact Us” link.

6. ACCURACY OF CONTENT

6.1 While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness. The information may contain typographical errors, pricing errors, and other errors or inaccuracies, it will be corrected as soon as practicable.

6.2 As a platform provide, Big Art! works with third party content providers and partners. Whilst we take effort to provide reliable content providers to you, we do not warrant the accuracy, timeliness or completeness of their content. If you find errors, inaccuracies or objectionable content in any of the courses, please write to us for our feedback and follow up.

6.3 We reserve the right to:

• a) Revoke any stated offer;
• b) Correct any errors, inaccuracies or omission; and
• c) Make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
• d) Adjust and/or restrict the amount of information that you are entitled to view on the Site.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All content included on this Site, such as text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Big Art! and its associated / affiliated businesses and/or its content suppliers and is protected by Singapore and international copyright laws and/or other laws.

7.2 The compilation of all content on this Site is the exclusive property of Big Art! and its associated / affiliated businesses and protected by Singapore and international copyright laws and/or other laws.

7.3 None of the content may be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcast or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

7.4 Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission.

7.5 Misuse of any trademarks or any other content displayed on the Site is prohibited.

7.6 We will not hesitate to take legal action against any unauthorised use of any trademarks, name or symbols displayed on the Site to preserve and protect the rights in them. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

8. THIRD PARTY CONTENT

8.1 During the course we may signpost you to Third Party content. This means you may leave our Site and visit a Site that is not operated by us. We are not responsible for the content or availability of linked sites.

8.2 In instances where we provide links to other third-party Sites that may be of interest to our Site visitors, when you click on these links you will leave our Site and will be redirected to another site. These sites are not under the control of the Training Provider.

8.3 We are not responsible for the content of linked third party Sites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked Sites before acting upon this information.

8.4 The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.

8.5 If you have any questions or concerns about the products and services offered on linked third party Sites, please contact the third party directly.

9. TERMINATION

9.1 We may terminate the agreement set out in these Terms if:

• a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your Online Access until such a breach has been remedied;
• b) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.

9.2 You will be entitled to terminate the agreement set out under these Terms under Clause 10 below.

9.3 If either party terminates the agreement set out in these Terms, you must

• a) return the Materials and Software to us;
• b) destroy all copies of the Software including any Software stored on the hard disk of any computer under your control; and
• c) cease using the Services and Online Access immediately.

10. LIMITATION OF LIABILITY

10.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.

10.2 We shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.

10.3 The information in our promotional materials or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.

10.4 We cannot guarantee that the Site is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the Site or downloading any content. Technical inaccuracies and typographical errors may appear on the pages the Online Learning Environment from time to time.

10.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

10.6 We reserve the right to change prices, information and specifications relating to the Courses from time to time subject always to our commitments set out in Clause 3 above.

11. COMMUNICATIONS

Your use of the Site or communications with Big Art! are a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from Big Art! as and when required.

12. CONTACT US

Please send any questions, comments or complaints regarding this Site to info@bigart.sg

13. DELETE ACCOUNT

You can delete your account at any time by visiting the parent profile section. The delete account will clear all the information from our side, And you will not be able to use any of the services. Deleting account will also clear the associated child accounts. We strongly suggest to connect us on info@bigart.sg before deleting your account.