Last updated: 16 September 2019
We are One in Shoes Pte. Ltd., trading as Ox Street (“Ox Street” or “we”), a company registered in Singapore under registration number: 201918202R. We provide a digital marketplace for buying and selling new and second hand items (“Services”) through our website (“site”), accessible at https://oxstreet.com and our mobile apps (“app”), together our “Platform”. Through our Platform, users can list items for sale by entering the brand, product name as well as the size of the item (“Sellers”). Users can also browse listings created by Sellers and can purchase the described item, which will require them to input their payment and billing information (“Buyers”). The same User can be active as both Seller and Buyer on Ox Street.
Key terms regarding content
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Registered User” means a user who has completed the Ox Street registration process, as described under “Account Registration” below.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Ox Street Content” means all content made available by Ox Street through the Platform, including any content licensed from third parties, but excluding Registered User Content.
Certain areas or functionalities of the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and those posted for a specific function or area of the Platform, the latter terms and conditions will take precedence with respect to your use of that area or functionality of the Platform.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE PLATFORM OR THE SERVICES, OR BY POSTING ANY CONTENT ON THE PLATFORM OR THROUGH THE SERVICES, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM, SERVICES OR ANY CONTENT PROVIDED ON THE PLATFORM.
Changes to the terms and policies
Ox Street is intended solely for persons who are 12 or older. Any access to or use of the Platform or Services by anyone under 12 is prohibited. By accessing or using the Platform or Services you represent and warrant that you are 12 or older.
To access certain features of the Ox Street Platform, you must register to create an account ("Account") and become a "Registered User." To become a Registered User you must be at least 12 years old. Any registration by anyone under 12 is void. During registration, you will need to provide certain information and you agree to provide accurate, current and complete information, and to update such information to keep it accurate, current and complete. Ox Street reserves the right to suspend or terminate your Account for any reason and at any time, including, but not limited to, when any information provided during registration or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your password. and you agree to accept sole responsibility for any and all activities that occur under your account. You will notify Ox Street immediately upon learning of any unauthorized use of your Account.
Linking your Account with third party services
As a Registered User of the Platform, you can link your Account with your account on various third party services, including, but not limited to, Google, Instagram and Facebook (collectively, "SM") subject to the terms and conditions of the applicable third party SM services. If you decide to link your Account with an SM, we may obtain the personal information you have provided to the third party service (such as your "real" name, profile picture, email address and other information you make publicly available via the applicable SM) from your account with such SM, and use that information to populate your Account and to log you into the Ox Street Platform or Services. The information we obtain may depend on the privacy settings you have with the SM. You hereby consent to our access to and collection of such personal information about you. Please note that your relationship with the owners or operators of SNS services is governed solely by your agreement(s) with such third parties.
The Platform, Services and all Content are protected by copyright, trademark, and other laws of Singapore and foreign countries. Except as expressly provided in these Terms, Ox Street and its licensors exclusively own all right, title and interest in and to the Platform, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content.
Subject to your compliance with these Terms, Ox Street grants you a limited, non-exclusive, non-transferable license, to access, view, and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Platform, Services and Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ox Street or its licensors, except for the licenses and rights expressly granted in these Terms.
Registered User Content
By making available any Registered User Content through the Platform, you grant Ox Street and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. Ox Street does not claim any ownership rights for any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site, Application or Services or you have all rights, licenses, consents and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or Ox Street's or its user's use of the Registered User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, Application or any individual element within the Site, Application, Ox Street's name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ox Street's express written consent;
- Access, tamper with, or use non-public areas of the Site, Application, Ox Street's computer systems, or the technical delivery systems of Ox Street's providers;
- Attempt to probe, scan, or test the vulnerability of any Ox Street system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ox Street or any of Ox Street's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Attempt to access or search the Site, Application, Services or Collective Content or download Collective Content from the Site, Application or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OX STREET or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an Ox Street trademark, logo URL or product name without Ox Street's express written consent;
- Use the Site, Application, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application, Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site, Application or Services from other users of the Site, Application or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation
- Encourage or enable any other individual to do any of the foregoing.
Ox Street has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Ox Street has no obligation to monitor your access to or use of the Site, Appliciaton, Services or Collective Content or to review or edit any Registered User Content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Ox Street reserves the right, at any time and without prior notice, to remove or disable access to any Content, including Registered User Content, that Ox Street, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Links to other websites
The Platform may provide links to other websites or resources which are not under our control. You acknowledge and agree that Ox Street is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the text, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ox Street of such websites or resources or the text, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Fees, Discount Codes and Taxes
Registering for the Service is free, but Ox Street charges certain fees based on various transactions on the Service. Unless otherwise stated, all fees are in Singapore Dollars and are outlined in the FAQ. We reserve the right to change, or discontinue, temporarily or permanently, some or all of the fees for the Service. Ox Street reserves the right to temporarily change the fees for promotional events. Such changes are effective once the temporary promotional event is posted to the Platform.
As a seller you are responsible and agree to collect, pay, report and remit any and all taxes (including VAT and sales tax) that may be due with respect to your sales transaction, and as a buyer you agree to pay any and all taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that Ox Street, as the facilitator of the transaction, is not responsible for reporting, collection or payment of any taxes on your behalf.
Transactions, shipping, and buyer and seller obligations
Buyers can make purchases either immediately at the lowest available Listing Price (defined below) by using the “Buy Now” function of the Platform, or commit to buying at an uncertain later date by making an “Offer” at a price determined by the Buyer, the “Offer Price”.
Sellers are able to “Sell Now” at the highest available “Offer Price”, or create a “Listing” with a “Listing Price” determined by the Seller, committing them to sell at an uncertain later date, in case the Listing Price is met by a Buyer’s Offer, or if the Listing becomes the Buy Now price and is subsequently purchased immediately by a Buyer.
Buying: Unless the transaction is prohibited by law or these Terms of Service, you must complete the payment of the item, subject to the return procedure described below. You are obligated to pay for any items you make an Offer for. MAKING AN OFFER COMMITS YOU TO PURCHASING THE ITEM AS SOON AS YOUR OFFER PRICE MATCHES A SELLER’S LISTING PRICE.
Selling: You must have the legal authority to sell the items that you are listing for sale through the Service. If you confirm that you will be shipping an item to Ox Street, you shall complete the transaction, unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You acknowledge and agree that Ox Street will withhold the fee associated with the sale of the item. CREATING A LISTING COMMITS YOU TO SELLING THAT SPECIFIC ITEM AT THE LISTING PRICE TO WHICHEVER BUYER IS THE FIRST TO MATCH THAT PRICE.
Shipping: Upon payment of the item by a Buyer, Ox Street will send the Seller a pre-paid shipping label for the Seller to ship the purchased item to Ox Street’s address. Sellers must ship via the carrier designated by Ox Street within the timeframe specified in the sale confirmation email, and must obtain a receipt from the shipping carrier to verify shipment of the item. Ox Street will ship the item to the buyer after completing authentication (described below). International buyers are responsible for any additional fees or taxes once the package has been shipped.
Returns: We accept returns on deadstock items that are in the same condition as when shipped. You have 3 days to request a return from the date you received your item. Once we receive your return, the item will be evaluated before your refund is made. We will refund you in the form of Ox Street credit to use on future purchases. Customers are responsible for all shipping fees involved for returning items and the package remains the responsibility of the customer until it is received by Ox Street. To initiate a return, contact us via firstname.lastname@example.org.
OX STREET DOES NOT PROVIDE ANY GUARANTEE THAT SELLERS’ ITEMS WILL SELL AND WILL NOT PROVIDE ANY COMPENSATION FOR ITEMS THAT DO NOT SELL ON OUR PLATFORM.
Verification and guarantee of authenticity
One of our goals is to solve the trust issues in the secondary market for sneakers, streetwear and other luxuries. We do this by verifying all items transacted via Ox Street to ensure their authenticity. If we cannot reasonably confirm the authenticity of the item or determine it to be fake, we will notify the buyer and the seller and will issue a refund to the buyer. Ox Street has the right to reject any item for any reason, including but not limited to, authenticity or damage of the item.
Our specialists inspect everything from the label to stitching, texture to color, smell, and much more. We hope that through our efforts, we can help create a trustworthy and safe community for buying and selling sneakers.
Counterfeits, Market Manipulation and Fraud
Ox Street takes counterfeiting, manipulating the market and fraud very seriously. If a seller provides a counterfeit item or attempts to defraud a buyer or Ox Street, we reserve the right to do any of the following, in our sole discretion:
- Remove any or all of seller’s listings from the Platform
- Cancel any or all of seller’s pending orders through our Service
- Withhold outstanding payments due to the seller
- Disable seller’s account and/or place limits on Account privileges
- Ship the item back to the seller at the seller’s cost
- Provide the counterfeit items to law enforcement
- Destroy the counterfeit items
- Charge seller’s credit card for costs, expenses and fees incurred by Ox Street as a result of seller’s action or inaction, including charging seller for the cost of replacement items, the value of coupons and gift certificates provided to the buyer and reprinting fees incurred by Ox Street.
Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon discovery of counterfeit items or fraudulent actions by Ox Street, 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 listings or sales or account suspension. If this occurs in error please contact us at email@example.com. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through Ox Street.
If a buyer suspects any item bought on Ox Streete to be counterfeit, buyer must notify us in writing within 3 days after receiving the item. 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 of the item, providing the item to law enforcement, destroying the item, or delivering the item back to us, at our direction. If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. Ox Street will refund all fees and costs paid by the buyer for the item (including shipping and handling).
Ox Street may monitor transactions on the marketplace and buyer and seller actions. We may at our sole discretion take steps to protect the marketplace, e.g. if we believe any buyer or seller is engaging in market manipulation or fraud, including creating false or dummy accounts. Ox Street may in such cases at our sole discretion, without limiting any other rights of Ox Street, do any or all of the following:
- Remove any or all of the User’s listings from the Platform
- Cancel User’s outstanding orders pending through the Service
- Withhold payments to the User
- Limit, suspend or cancel User’s Account
- Charge User’s credit card for costs, expenses and fees incurred by Ox Street as a result of the User’s actions or inactions
- Notify law enforcement of the fraudulent activity
- Charge an additional service fee up to $1,200 to cover Ox Street’s investigation fees and other related costs
If there is any problem with an order, or you wish to return the item, you must contact us within 3 days. AFTER 3 DAYS ALL SALES ARE FINAL AND NO REFUND REQUESTS WILL BE HONOURED REGARDLESS OF THE REASON.
THE PLATFORM, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND ‘AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OX STREET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OX STREET MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OX STREET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, COLLECTIVE CONTENT OR ANYTHING ELSE PURCHASED OR OBTAINED THROUGH THE Site, Application or Services OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE Site, Application or Services.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OX STREET OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, ALL OF YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Site, Application or Services AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, Application or Services. YOU UNDERSTAND THAT OX STREET DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE Site, Application or Services, NOR DOES OX STREET MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE Site, Application or Services. OX STREET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE Site, Application or Services OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE Site, Application or Services. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Site, Application or Services AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, Application or Services, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Ox Street, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services or Content, or your violation of these Terms.
Limitation of liability
Ox Street is a platform for Buyers and Sellers to transact on with each other. While Ox Street may help facilitate resolution of disputes, and may provide guarantees stated in the Ox Street Return Policy or Ox Street Authenticity Guarantee Policy, we do not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of users' listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; that a Buyer or Seller will actually complete a transaction or return an item; the legal transfer of item from the Seller to the Buyer; or that a buyer or seller will actually complete a transaction.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER OX STREET NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or COLLECTIVE Content will be liable for any direct damages, or any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, arising out of or in connection with: (a) thESE TERMS or from the use OF or inability to use the SITE, Services OR COLLECTIVE CONTENT; (b) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE Site, Application or Services; (c) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the Site, Application or Services OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Site, Application or Services, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not OX STREET has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. ASIDE FROM THE SERVICES PROVIDED THROUGH THE SITE, OX STREET IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER'S VISIT TO A VENUE, RESULTING FROM USE OF THE Site, Application or Services.
In no event will OX STREET'S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO OX STREET FOR USE OF THE SITE, SERVICES OR CONTENT OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OX STREET AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary rights notice
All trademarks, service marks, logos, trade names and any other proprietary designations of Ox Street used herein are trademarks or registered trademarks of Ox Street. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling law and Jurisdiction
You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Ox Street and you regarding the Platform, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ox Street and you regarding the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Ox Street's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Ox Street may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Ox Street: (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and Ox Street agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Platform or Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Ox Street are each waiving the right to a trial or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Ox Street otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding
You agree that the laws of the State 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 Ox Street. Legal notices shall be served on Ox Street's registered agent (in the case of Ox Street) 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.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND OX STREET 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 Ox Street 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 OX STREET’S USERS.
- 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. 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 SIACat +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 Ox Street should be sent to 6 Bukit Pasoh Road, Singapore 089820. Ox Street will send any Notice to you to the physical address we have on file associated with your Ox Street account. 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 Ox Street are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Ox Street 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 firstname.lastname@example.org (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 Ox Street at the following address: 6 Bukit Pasoh Road, Singapore 089820. In the event Ox Street initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Ox Street account. Any settlement offer made by you or Ox Street shall not be disclosed to the arbitrator. The arbitration shall be held in the country and state in which Ox Street resides or at another mutually agreed location. If the value of the relief sought is S$10,000 or less, you or Ox Street may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ox Street 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 Ox Street 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 Ox Street users, but is bound by rulings in prior arbitrations involving the same Ox Street 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.
- 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, Ox Street may elect to pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Ox Street should be submitted by mail to the SIAC along with your Demand for Arbitration and Ox Street 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, Ox Street 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 Ox Street for all fees associated with the arbitration paid by Ox Street on your behalf that you otherwise would be obligated to pay under the SIAC's rules.
- 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.
- 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: One in Shoes Pte. Ltd., 6 Bukit Pasoh Road, Singapore 089820.
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 Ox Street 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.
- 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 Ox Street 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 Ox Street. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on https://oxstreet.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.
The failure of Ox Street to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ox Street. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions regarding our legal policies, please email us: info@Ox Street.com