Terms and Conditions

Terms & Conditions

The following are the Terms and Conditions that govern your use of the services that are offered on the Ginkgo3D.com website. When you use this website, you acknowledge that Together with our Privacy Statement and Content Policy, these Terms and Conditions govern your use of https://www.ginkgo3d.com, all the related websites and any of the mobile applications, contents, features and services we offer.

When you use these services, you confirm that you have read, understood and agree to be bound by the same Terms and Conditions and to comply with all applicable laws and conditions. Do not use the Ginkgo3D.com website and services if you do not agree with any or all of the abovementioned Terms and Conditions.

Ginkgo3D Services

The Ginkgo3D website offers various services at various times, including but not restricted to, 3D Printed Product Sales, 3D Printing and Design Services; Workshops on 3D Printing, Design and related subjects; 3D-related Exhibitions, participation in Events and Conventions; Community Services such as Tutorials, Tips and Tricks and Blogs; Publishing of Industry News, Interviews and Reviews, and any other offerings that may be of interest to the 3D Printing and maker community.

3D Product Sales

Products that are 3D printed, either in whole or partially, produced as components with other parts made of different materials, are offered on sale on the Ginkgo3D website.

Printing Services

Ginkgo3D.com offers 3D printing services to all interested parties. Buyers will be required to submit a 3D-readable file via the Ginkgo3D website to obtain a quote and a check for printability. This file may be designed by the buyer or other members of the Ginkgo3D community, or downloaded from websites offering free or paid downloads, including that offered by Ginkgo3D. After the printability check, Ginkgo may accept the file in toto, or make minor repairs and alterations for printability before giving a quote to the buyer.

The quote will include options for the buyer to self-collect the product at a predetermined location or engage the services of a Ginkgo-appointed delivery agent. All payments for printing and/or delivery will be made through the Ginkgo3D website, using predetermined payment gateways such as Paypal.

The Company acts as an agent for such printing services and will outsource these services to qualified printing bureaus of its own choosing, both locally in Singapore and abroad. The names of these printing bureaus will not be revealed to the buyers.

Upon completion of printing, the 3D-printed product may be photographed at the Ginkgo3D photo studio as a record and following common international copyright practice, the photograph, not the product, will be the copyright of the company. The photograph may be used as an illustration of the product in the website should it be offered for sale by the buyer of our print service.

Sale of Products

Interested parties who have successfully printed products, through the Ginkgo3D Print Services, including payment, receipt of and acceptance of the products, or through their own Print  Services, are invited to place their products for sale on the website. (Please see Terms and Conditions under the “Sell” section of the website.)

Account Terms

Users of this service must be eighteen (18) years of age or above. Users under the age of 18 will require the consent and involvement of a parent or guardian. Users must provide accurate and up-to-date identification, contact and other information required by the registration process. While Ginkgo3D will use all scrupulous efforts to maintain the confidentiality of user information, the user is responsible for maintaining the security of his own account and password information, and all activities occurring thereunder. Ginkgo3D will not be held liable for any loss or damages arising from your failure to maintain the confidentiality of your password and account.

To use our services, you are required to register for an account with us, providing up-to-date identification, contact and other information required in the registration process and you must keep your account updated in order to continue using our services.

In choosing a username, you shall not
(a) choose a name or username of another person with the intent to impersonate that person,
(b) choose a name or username subject to any rights or any other person other than yourself without proper permissions and authorisation,
(c) choose a name or username that is vulgar, offensive or obscene.

You are solely responsible for to ensure compliance with all laws, rules and regulations applicable to you and your access to our services will be revoked where the use of our services and the Terms and Conditions are prohibited or are in conflict with applicable laws, rules and regulations. Our services are offered solely for your own use and may not be used by or for the benefit of any third party.

You are responsible for maintaining the security of your account and service password and for all activities that happen within your account, and should never publish, post or distribute the same information. Ginkgo3D.com and its associated company will not be held liable for any loss or damage arising from your failure to maintain the confidentiality of your account and password. You shall have the ability to delete your account directly if you so choose.

We reserve the right to change the criteria for eligibility to and withhold service from, or terminate service of any one, for any reason, without providing notice, at any time.

Placing an Order

1) Ordering

To make an order, select your own design or any other displayed for sale in our web windows and click the order button. Select the material you want the print to be made of and the number of prints you want manufactured before you provide the address for it to be delivered to. To complete the order, you will be directed to make payment at our payment provider’s website.

2) Prices

Prices displayed on the website are valid at the time of display and may be changed at any time without notice. Orders completed before the posting of change in price are not affected. While every effort is made to prevent errors in pricing, Ginkgo3D reserves the right to cancel the order and any payment for that order will be refunded to you.

3) Cancellation of Orders

Models displayed in the Ginkgo3D gallery are assumed to be 3D printable. However, the operators may reject or cancel the order, even after the order has been accepted, should the file be found or deemed to be unprintable, either because of copyright or technical reasons or because the file or design does not conform to existing laws and regulations, is obscene, dangerous or offensive to members of society, or the destination for delivery given is not within the reach of Ginkgo3D’s boundaries for delivery services. Ginkgo3D reserves the right not to give an explanation upon refusal of any file submitted for 3D printing.

4) Price and Payment

The buyer of 3D print services or products can initiate payment for his order via PayPal after being directed to the PayPal.com website. Buyers are advised to familiarise themselves with the terms and conditions of PayPal.com as Ginkgo3D shall not be responsible for any irregularities in the PayPal payment process.

All prices indicated in the Ginkgo3D website are in Singapore Dollars and include the fee for printing, packing and shipping, prices of materials used in the manufacture of the 3D model and where applicable, any markups charged by the designer or Ginkgo3D.com. Prices do not include GST or any other duties or taxes. If payment is made in any other currency, our payment service provider will carry out currency conversion on your behalf and you shall be liable for any exchange or service fee further incurred. The amount indicated on the ordering page includes the fees for materials, printing, packaging of the model and delivery within Singapore.

Ginkgo3D will only perform the services purchased upon confirmation via Paypal or other payment gateways that the amount indicated in the order confirmation form has been completed or that the funds have arrived at our bank account.

5) Acceptance

Upon accepting your order, we will send you an order confirmation to your email address provided in your Ginkgo3D account. The order confirmation will be effective from the date at which it is sent to you. In the event that we cannot accept your order, you will be contacted via email. Please verify the details in your confirmation email and contact us immediately at our customer service email address should you come across any errors or irregularities.

6) Order Tracking

You can track the status of your order through the website or via email notifications. However, the system is being changed and improved at any time.

7) Delivery 

Unless otherwise stated, all 3D print products sold by Ginkgo3D are available for self-collection or delivery only in Singapore. Self-collection can be made at the Ginkgo3D offices by appointment, at:

Ginkgo3D.com

Local delivery may be made through Ginkgo3D’s appointed delivery service EasyShip or other courier services. All reasonable efforts will be made to ensure that you receive your purchase at the time and address stipulated. Any delivery dates given to you are best estimates and we are not liable for any damage or cost by a delay in delivery times. Title and risk of loss are transferred to the buyer upon transfer of goods from Ginkgo3D to the shipment carrier, EasyShip or any other delivery service employed by Ginkgo3D.

8) Cancellation of Order

Vendors on Ginkgo3D make all models from specifications supplied by you, the buyer. Because of the nature of this service, an order cannot be cancelled once it goes into production.

Warranty

All models manufactured by Ginkgo3D are warranted only to substantially meet the features of the indicated model within the limitations of 3D printing technology. No other warranty is given about the models and the company does not guarantee that the model will be fit for any particular purpose. Please inspect your model immediately after receipt of the product. Should the model be found faulty upon receipt, you may contact us within 10 days if you believe you are entitled to a replacement in accordance with the abovementioned warranty. Unless you are asked to do so, please do not return the model, and Ginkgo3D will confirm whether you are entitled to any replacement or refund.

Ginkgo3D provides the website and services “as is” and “as available”. No warranty is given that the use of the website and the services will be uninterrupted or error-free.

Unless otherwise stated, the materials Ginkgo3D uses for manufacturing all 3D models are for decorative purposes only and not for any other use. The 3D models should not be exposed to heat or come into contact with electricity, food and drink. The 3D models are not suitable to be used as toys and should not be given to children.

Ginkgo3D makes no warranty other than those made expressly in this terms and conditions to the fullest extent permitted by law. Ginkgo3D hereby expressly disclaims any representations or warranties of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for any particular purpose, or non-infringement. In states that do not allow limitations of implied warranties, the foregoing limitations may not apply to you.

Ginkgo3D Website Usage

All rights to the service developed and provided by Ginkgo3D and all software associated with that service is the copyright of Ginkgo3D and its associated company. Copyright and all other proprietary rights in all the content and services in the Ginkgo3D website, excluding user generated content, rests with Ginkgo3D or its licensors. All rights in the content herein are reserved unless expressly granted or assigned. Unless otherwise restricted or prohibited, contents from this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to Ginkgo3D. Any other use of the content, including without limitation reproduction, modification, distribution, display or transmission is unlicensed without the prior written consent of Ginkgo3D. You also agree that you will not use any automated or manual process to monitor or copy any content from the website.

This Website may provide links to other websites that are not under the control of Ginkgo3D. The inclusion of links to such websites does not imply endorsement of the content in such websites and Ginkgo3D shall not be responsible in any way for the content of such other websites.

At our sole discretion, Ginkgo3D reserves the right to remove, edit or modify any content, including 3D models at any time, without notice to you, and for any reason, including receipt of allegations or claims from third parties or authorities relating to such content or if we believe that you may have violated these Terms and Conditions, or to remove or block any content from the services, without providing any reason.

All efforts will be made to ensure that the website operates reliably and consistently, but we do not warrant that the website will operate uninterrupted without any faults. As a web-based service, the Ginkgo3D website and services may be unavailable occasionally because of maintenance, improvements and updating. Ginkgo3D does not guarantee that any content will be made available on the website or through the services. We are not responsible for any losses suffered by you as a result of any interruption of the Website operations or suspension of your access to the Website.

User-Generated Content

The term User Generated Content refers to any content uploaded to the website by you, including but not limited to all 3D Models, pictures of 3D Models, comments on the website, specifications provided in your order for a CoCreator model as well as the printed 3D Model we create for you based on the content generated by you. All User Generated Content should not be or contain information that is defamatory, misleading, abusive, obscene, harassing, deceptive, threatening, fraudulent, offensive, pornographic, illegal or unlawful or be likely to infringe or infringing on any intellectual property rights, including, but not limited to, patent, copyright, registered design, trademark or trade secret.

Opinions expressed in the User Generated Content are the opinions of their own authors and not the opinion of Ginkgo3D. We have no obligation to review and can in no way be held responsible for the content of the said User Generated Content.

By submitting User Generated Content through the Services or Website, you hereby do grant Ginkgo3D a worldwide, royalty-free, non-exclusive, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, display, perform, and otherwise exploit the User Generated Content in connection with the website, the applications, the services and our businesses, successors and assignees, including without limitation promotion and redistribution of part or all of the website, applications or services in any media formats and through any media channels, including third party websites and feeds.

You also hereby grant each user of the website a non-exclusive license to access your User Generated Content and share your User Generated Content on blogs and social media, provided such sharing links back to the model page on the Ginkgo3D site and is not done on a site that competes directly or indirectly with Ginkgo3D’s Services. This is license granted to us and our users and does not affect your ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Intellectual Property Rights of 3D Designs

All intellectual property rights in your 3D Models are retained by you, as the designer, including all derivative works like 3D renders. Ginkgo3D shall not use, modify or display your 3D Models or derivatives except for the rights and licenses with respect to your 3D Models specified below. By uploading your 3D Models to the services, you warrant that it is your original creation and not copied from any third party and/or entity. You further warrant that you have all rights to grant licenses to us without infringement or violation of any third party rights, including without limitation, any copyrights, privacy rights, trademarks, publicity rights, contract rights, or any other proprietary or intellectual property rights.

By uploading your 3D Model to the services, you grant Ginkgo3D a non-exclusive, royalty-free, worldwide, transferable, and sublicensable right and license to use your 3D Model for the manufacturing of your 3D print in order to fulfill your order. If you offer your 3D model for sale through Ginkgo3D, you grant Ginkgo3D the right to use your 3D Model for manufacturing into a 3D print in order to fulfill orders of purchases made through the website.

You further grant Ginkgo3D the right to generate and display 3D renders of your 3D Model and to use the 3D Model where necessary for the operation and maintenance of our services and for the internal testing and educational purposes of Ginkgo3D and our manufacturing partners.

To protect third party intellectual property right owners who may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order of a non-published 3D Model when it appears to infringe third party intellectual property rights, or in our sole discretion, the 3D Model does not comply with our Content Policy.

By removing your 3D Model from the Services, all licenses granted to Ginkgo3D and its users to such 3D Model under these Terms and Conditions will be terminated. However, Ginkgo3D is entitled to use your 3D Model to fulfill orders of the model that were placed before removal.

Third Party Services

Accessing third party resources on the Internet are done at your own risk. The Ginkgo3D website may enable you to link to other websites, services or resources on the Internet, and other websites, services or resources may also contain links to our services. You acknowledge that we are not responsible or liable for the functions, content, accuracy, legality, appropriateness or any other aspect of such websites or resources as such resources are not under our control. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or allegedly caused by or in connection with the use any such content, goods or services available on or through any such website or resource. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

Use of Personal Data

By using our Services you agree that Ginkgo3D may collect and use your personal data and that such information collected shall only be used in accordance with the Ginkgo3D Privacy Statement.

Payments and Billing

Certain of our services may be subject to payments now or in the future as Paid Services. Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.

We use PayPal, a third-party payment processor to bill you through a payment account linked to your account on the services for use of the paid services. The processing of payments will be subject to the terms, conditions and privacy policies of the PayPal in addition to these Terms and Conditions. Other payment methods will be added at a later date, similarly subject to the terms, conditions and privacy policies of the appointed payment gateways.

By choosing to use paid services, you agree to pay us, through the PayPal or other payment methods, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorise us, through PayPal or other payment methods, to charge your chosen payment provider. You agree to make payment using that selected payment method. We are not responsible for any error made by the payment processor or its staff. We reserve the right to correct any errors that it makes even if it has already requested or received payment.

The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen payment method. You further agree to pay all amounts due on your billing account upon demand if we do not receive payment from you through the payment processor.

You must provide complete, accurate and current information for your billing account. You must promptly update all information to keep your billing account complete, accurate and current, including changes in billing address, credit card number, or credit card expiration date. You must promptly notify us or our payment processor if your payment method is cancelled either upon your instruction, by loss or theft or any other means, or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your username or password. Changes to such information can be made on your account setting page. If you fail to provide any of the abovementioned information, you agree that we may continue charging you for the use of any paid services under your billing account unless you have terminated your paid services as set forth above.

If the amount to be charged to your Billing Account varies from the amount you preauthorized, other than due to changes in the amount of any taxes or GST, you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You further agree that we may accumulate charges incurred and submit them to you as one or more aggregate charges.

Free trials or other promotions that provide access to a paid service must be used within the specified time of the trial or promotion and any claims made after the end date will not be entertained.

Indemnification

You shall defend, indemnify, and hold harmless, Ginkgo3D, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the services, content, or otherwise from your user generated content, 3D models, any violation of these Terms and Conditions, or infringement by you, or any third party using your account or identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

In no event shall Ginkgo3D, nor our directors, employees, agents, partners, or suppliers, be liable under any contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (a) for any loss of profits, income, contracts, data, cost of procurement of substitute goods or services, or for any indirect, incidental, exemplary, compensatory, special, punitive or consequential loss or damage of any kind, (ii) for any bugs, viruses, trojan horses, or the like, regardless of the origination, or (iii) for any direct damages in excess of (in the aggregate) the greater of (a) the fee received from you by Ginkgo3D for the use of the services during the immediately preceding three (3) months period or (b) S$500.00.

Applicable Law

These Terms of Service shall be governed by the laws of the Republic of Singapore without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Singapore. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the services, shall be governed by the exclusive jurisdiction and venue of the courts located in the Republic of Singapore.

Miscellaneous

(a) Force Majeure. We shall not be held liable for any failure to perform our obligations and services where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

(b) Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

(c) Agency. No agency, joint venture, partnership, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

(d) Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to [email protected].

(e) No Waiver. Any failure on our part to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

(f) Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

(g) Feedback. Since we are continually seeking to improve our services, we welcome all comments, suggestions, feedback and recommendations (“Feedback”). You hereby grant to us a worldwide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.

Contact Information

If you have any questions regarding these Terms and Conditions or the Services, please send us an email. If you experience any problems, please contact us and we will do our best to fix it as soon as possible.