Pixibo Terms of Service (TOS)
1. Introduction
1.1
Pixibo has developed a retail checkout solution called Try Before You Buy, hereinafter referred to as the "Service" and you wish to avail of this service.
1.2
For the purposes of these Terms of Service, the term 'Pixibo' or 'Us' or 'We' refers to Pixibo Pte Limited. The term 'You' refers to the user who has placed the order and anyone else who accepts or handles the item delivered to the designated address.
2. Try@Home Service
2.1
The Service provides you with the following:

- The items chosen by you on this platform will be delivered to you at your designated address for Try@Home fee.
- You can try on the items in the convenience of your home.
- You only pay for the items that you choose to keep.
- You can return the items that you do not choose to keep on the spot to our delivery agent with no obligation.
3. Try@Home Fee
3.1
A Try@Home fee will be charged for every Try Before You Buy order placed by you. The amount of the fee will be displayed clearly on the Order Summary page at the time of placing your order.
3.2
The fee will be payable upfront at the time of placing of the order.
3.3
The fee is fixed, non-refundable and not dependent on you choosing to keep any or all of the items in the order.
3.4
If in the unlikely event that an order cannot be processed due to any unforeseen circumstances, you will be informed of the same and the delivery fee will be refunded to you.
4. Delivery
4.1
The order shall be delivered at your designated address on the date and time slot selected by you at the time of check out by our delivery agent.
4.2
If no one answers the door at the time of delivery at your designated address, our delivery agent will call and send a message to your phone informing you of their arrival.The delivery agent will wait for a further period of 5(five) minutes after which the order will be considered cancelled and no refund of the delivery fee will be payable.
4.3
You are responsible for ensuring that the delivery details (e.g.recipient's name, contact details and delivery address) entered by you on this platform are accurate and complete. We shall not be liable in the event of late delivery or non-delivery of items by reason of erroneous delivery details entered by you on this platform.
4.4
We undertake to ensure that our delivery agents will be courteous and behave in a professional manner. In the event of any acts of unprovoked physical or verbal abuse or unprofessional behaviour by our agents, we request you to inform us immediately. We will ensure that a proper investigation is conducted, and appropriate action taken, where necessary.
4.5
You will also be responsible to behave in a courteous and professional manner with our delivery agents. In the event of any acts of unprovoked physical or verbal abuse or unprofessional behaviour towards our agents, we will work with you to investigate the event thoroughly and where necessary, inform the appropriate authorities.
4.6
You will be responsible to ensure that there are no illegal or nefarious activities being conducted at the delivery address of the order. In the event of any suspicion of that kind, we reserve the right to not deliver the items and consider the order cancelled. No refund of the delivery fee will be entertained in such situations
4.7
We will ensure that all social distancing and other safety guidelines that may be issued by the Government of Singapore will be strictly adhered to by our delivery agents. You are also responsible to ensure your adherence to such guidelines during your interaction with our delivery agents.
4.8
We will endeavour to ensure that we deliver the items to your address as per the chosen time slot. We will not be responsible for any delay that may occur due to any unforeseen circumstances like acts of nature or blockage of roads. In the event of any such situation, we will inform you of the delay and the possible revised time of delivery.
5. Try-on
5.1
Our delivery agents will wait for a period of 15 minutes from handing over of the items to you for you to try on the items.
5.2
We ensure that the items are checked for any defects and damages before being sent out for delivery.
5.3
Before trying on the items, if you observe any defects or damages in the items, please bring it to the notice of the delivery agent immediately. We will arrange for delivery of another piece of the same item at no additional cost at your next convenient delivery date and time.
5.4
You will be responsiblefor any damage or soiling of the items as a result of any negligence on your part during the try-on. In such an event, you will be liable to pay and keep the item.
5.5
The items that you choose not to keep must be handed back to our delivery agent.
6. Payment for purchases/order items
6.1
You will only be required to pay for the items that you choose to keep after your try-on.
6.2
The price payable net of discounts or promo codes, if any, will be the amount as per the order confirmation that will be sent to you irrespective of the price of the item on the day of delivery.
6.3
Payment for the items will be cashless. All major debt and credit cards will be accepted as well as Paynow mode of payment.
6.4
We will not be responsible for any decline of payment from your cards or other payment modes for any reason whatsoever. In the event of any such situation, the order will be deemed cancelled and you will have to return all the items to our delivery agent.
7. Subsequent Defects and Complaints
7.1
Subsequent to acceptance and payment for any item, you will have to resolve any further defects, complaints or issues directly with the Retailer. We will not be responsible for settlement of any such issue.
8. Internet Delays
8.1
The Service, Platform and/or the software may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications including the device used by our Delivery Agent being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9. Indemnification
9.1
By agreeing to the Terms of Service, you agree that you shall indemnify and hold Pixibo, its licensors and each such party's affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, or (b) your violation or breach of any of the Terms of Service, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service.
10. Disclaimer of Warranties
10.1
Pixibo makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Pixibo does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service is provided to you strictly on an "as is" basis.
11. Limitation of Liability
11.1
Unless otherwise stated ,and to the fullest extent allowed by law, any claims against Pixibo by you shall be limited to the aggregate amount of all amounts actually paid by you and /or due from you in utilizing the service during the event giving rise to such claims. Pixibo shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have used the Service, including but not limited to :

11.1.1 Loss, damage or injury arising out of , or in any way connected with the Service;

11.1.2
The use or inability to use the Service.


11.2
Pixibo will not be a party to disputes or negotiations of disputes between you and the Retailer.
12. General Clauses
12.1
Pixibo reserves the rights to change or update these TOS at any time, with thirty (30) days' prior written notice to the user.
12.2
Force Majeure. Neither Party shall have any liability to the other Party under this TOS if it is prevented from, or delayed in, performing its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic,pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage,terrorism or vandalism(including virus attacks and computer hacking),fluctuations,non-availability of electrical power, heat, light, air conditioning or other equipment, loss and destruction of property, failure or delay with respect to services provided by subAgreementors, breakdown or lack of IT systems, or data maintained in these systems; irrespective of whether it is maintained by Pixibo or a Third Party Service Provider, or any other circumstances or causes beyond such Party's reasonable control.
12.3
Neither Party shall assign, transfer, charge, sub-Agreement or deal in any other manner with all or any of its rights or obligations under this TOS without the other Party's written consent.
12.4
Nothing in this TOS is intended to or shall operate to create a partnership between the Parties,or to authorize either Party to act as agent for the other, and neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13. Dispute Resolution
13.1
This Terms of Use shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.
13.2
Any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use ("Disputes") or the Service shall be referred to the Singapore International Arbitration Centre ("SIAC"), in accordance with the Rules of the SIAC as modified or amended from time to time (the "Rules") by a sole arbitrator appointed by the mutual agreement of you and Pixibo (the "Arbitrator"). If you and Pixibo are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and Pixibo, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.