filmm.io Modern Slavery Statement
Modern slavery is a heinous crime and a morally reprehensible act that deprives a person's liberty and dignity for another person's gain. It is a real problem for millions of people around the world, including many in developed countries, who are being kept and exploited in various forms of slavery.
The following statement is a transparent disclosure of actions we have taken in support of our effort to understand and ensure that no form of human trafficking or modern slavery is exercised in connection with our business.
As a responsible corporate citizen, filmm.io intends to comply with the requirements of the United Kingdom’s Modern Slavery Act of 2015. filmm.io is committed to understanding potential modern slavery risks related to our business and ensuring that there is no modern slavery in its own business and supply chains.
At filmm.io, we have a zero-tolerance approach to modern slavery and are fully committed to complying with all applicable laws in the countries in which we operate.
Risk Assessment
Given that our business consists of predominantly professionally qualified and highly skilled people as well as a supply chain that involves a large volume of physical goods. We assess the risk of modern slavery within our business and supply chain to be moderate. However, we are committed to preventing slavery in all of our corporate activities, and we take affirmative steps to ensure that our supply chains are free from forced or compulsory labor.
Supplier Due Diligence
We choose our suppliers with care and their integrity and ethical business practices form part of the selection criteria. We continuously monitor our suppliers to ensure that they remain in line with our requirements and our ethical standards.
Because of the moderate risk, our supplier selection and on-boarding procedure include due diligence of the supplier's reputation, respect for the law, compliance with health, safety and environmental standards, and references.
Internal Policies
filmm.io is dedicated to ensuring that human rights are respected at all times. We expect our employees to maintain the highest ethical standards and comply with all applicable laws and company policies.
We encourage team members to report any suspected wrongdoing or dangers in relation to any activity that falls short of our code of conduct. By encouraging a culture of openness and accountability within filmm.io, we believe that it can help prevent illegal or unethical practices from occurring. Our culture is designed to make it easy for our team members to make disclosures without fear of reprisal. We provide a confidential and anonymous Corporate Ethics Violation Form for our employees to protect the identity of whistle-blowers.
Progressive Approach to Modern Slavery
filmm.io accepts that effective action to prevent modern slavery and human trafficking in our business and supply chain requires constant monitoring and an effective response should issues be identified. Our management will continue to take a zero-tolerance approach to modern slavery and human trafficking and will react accordingly to any transgression whether by our staff or by our suppliers.
We recognise that the risks from modern slavery and human trafficking are constantly evolving. We also recognise that efficient methods to identify and address modern slavery and human trafficking will be developed and enhanced. filmm.io will continue to monitor and evaluate such developments and our approach to preventing modern slavery will be reviewed annually so that we can constantly adapt and improve our approach.
Maintenance of Ethics and Compliance Guidelines
We communicate and maintain ongoing broad-based Corporate Ethics and Compliance Guidelines within the company that addresses values, leadership, ethics and accountability and is intended to ensure compliance with applicable laws and a culture committed to ethics and integrity in all we do.
In addition, our employees are responsible for complying with our internal controls that seek to combat human trafficking and forced labor. filmm.io employees found to be in violation of this procedure are subject to discipline, up to and including termination.
Training and Communication to Employees
filmm.io is adjusting its staff education and other training to address those aspects of modern slavery and human trafficking that are relevant to them and the way they work.
We provide awareness on human trafficking and forced labor to employees and promotes targeted awareness through various methods, including corporate communication campaigns.
We expect and encourage our employees to raise any concerns regarding violations of law, regulations or our standards of business conduct by using the reporting channels we offer, which permits anonymous reporting. We have established human trafficking as a specific category for such reporting.
This statement covers 01 July 2022 to 31 June 2023 and has been approved by the management of filmm.io.
Sections
Section 1: Confidential Information
1.1 “Confidential Information” means, any information, data or knowledge of any kind and in any form and however disclosed, presented or displayed, by a Party hereto and/or any of its Affiliates (“Disclosing Party”) to the other Party (the “Receiving Party”) and which is not generally available to the public, including products and services (and any related documentation), computer programs, business information, trade-secrets, methodology, know-how, marketing and other commercial/financial knowledge, techniques, specifications, plans and other proprietary information. Confidential Information shall not include information which the Receiving Party can demonstrate (a) is in or comes into the public domain without fault on the part of the Receiving Party; (b) was lawfully known to it prior to its disclosure by the Disclosing Party; (c) is disclosed to the Receiving Party by a third party without breaching of any duty of confidentiality; (d) was independently developed without reference to the Confidential Information; (e) is made available to third parties by the Disclosing Party without restriction on the disclosure of such information; or (f) is approved by the Disclosing Party for release in writing.
1.2 The Receiving Party will maintain the Confidential Information received from the Disclosing Party in strict confidence and will use at least the same degree of care and discretion as it uses to protect the confidentiality of its own confidential information of similar nature but not less than a reasonable degree of care. Except as expressly authorized hereunder, the Receiving Party will not disclose or use or allow others to disclose or use the Confidential Information without the prior written consent of the Disclosing Party. The Receiving Party shall only use the Confidential Information for the purposes of this Agreement (“Purpose”) and only disclose the Confidential Information to its directors, officers, employees and any other person that the Disclosing Party has authorized the receiving Party to disclose the Confidential Information to (“Representatives”) who need to have access to same for the Purpose, provided that each of the Representatives to whom the Confidential Information is disclosed is bound by confidentiality obligations no less restrictive than those contained herein and the Receiving Party agrees to enforce any such undertaking. Notwithstanding the above, the Receiving Party acknowledges that it will be responsible for any breach of any of the provisions of this Agreement by any of its Representatives, including after termination of their employment or engagement, as the case may be. If the Receiving Party or any of its Representatives receives a request or order for disclosure of Confidential Information from any court, tribunal, government department or agency or other official body, or if the Receiving Party believes disclosure is otherwise required under applicable law, if legally permissible, it shall promptly notify the Disclosing Party and shall cooperate with the Disclosing Party (at the Disclosing Party’s expense) in seeking a protective order or other appropriate remedies. If the receiving Party or any of its Representatives is legally compelled to disclose Confidential Information, it may disclose only the minimal amount legally required to be disclosed. The Receiving Party shall notify the Disclosing Party immediately in writing upon becoming aware that any Confidential Information has been disclosed to an unauthorized third party and assist the Disclosing Party in remedying such unauthorized disclosure. Customer may from time to time provide suggestions, comments or other feedback (“Feedback”) with respect to the Offerings or filmm.io Data. Customer agrees that all Feedback is given voluntarily and that filmm.io owns all right, title and interest in and to such Feedback.
Section 2: Terms of sale
2.1. All sales are final and non-refundable.
2.2. filmm.io seeks to serve the customer with the highest quality of goods, we seek to provide as accurate a description of the goods as possible. However, due to the nature of the goods being sold, customer acknowledges, understands, and agrees that filmm.io does not guarantee that the information provided is the sole and single truth
The Customer will pay the applicable costs for the filmm.io products covered under the Agreement pursuant to the following payment terms:
(a) filmm.io or Partner, if applicable, will issue Customer one or more invoices (referencing the Customer Quotation Number) for all amounts due under the Agreement. The full amount of the any and all costs provided for hereunder is acknowledged as fully earned by filmm.io’s entrance into the Agreement,
(b) Unless otherwise specified in the applicable Quotation, Customer will pay to filmm.io, or to its order, invoices received from filmm.io, net twenty-four (24) hours after the date of the invoice by electronic funds transfer to the payee or payees specified in accordance with the instructions set forth in the invoice to be paid or such other instructions provided to Customer by filmm.io from time to time. Customer agrees to pay the full amount thereof, without deduction, offset, setoff, counterclaim or reduction, recoupment or other charge. Any discounts must be stated before payment, there would be no recourse in the discount claims after payment is made.
2.3. Fees are stated exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the purchase of the filmm.io product. Any such charges will be subsequently invoiced to the Customer, with any such tax, duty or tariff collected by filmm.io for submission to the relevant taxing authority. In the event filmm.io is required to pay any such tax, duty or charge, Customer will promptly reimburse filmm.io on an after-tax basis. Any taxes or levies based on the income, revenue or profits of the filmm.io will be paid by the filmm.io and will not be reimbursed by or recharged to Customer.
2.4. All amounts due to filmm.io that are not paid by Customer by the due date required by the Agreement will bear interest at the rate of one percent (1%) per month, capped at five percent (5%) per annum of simple interest on the arrears payable on filmm.io’s demand. Without limiting any other right or remedy available to filmm.io, in the event that any payment due from Customer (including but not limited to product costs, Professional Services Fees and amounts due upon a determination of underpayment to filmm.io. If applicable any amount due is more than five (5) days late, filmm.io shall have the right to suspend performance and seek recourse under the Agreement, upon one (1) days’ notice to Customer and. No discounts for prepayment are authorized hereunder. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. No award or procedural order made in the arbitration shall be published.
2.5. All Fees are non-refundable and shall not be subject to any offsets or reductions (except as otherwise specifically provided herein). Customer is responsible for providing any applicable tax exemption certificates.
2.6. filmm.io reserves the right to not serve any customers at its own discretion.
Section 3: Warranty
3.1. The warranty would cover mechanical issues with the camera such as the winding, shutter, and film counter. However, any issues that have been stated at the point of sale via the description on Instagram would not be covered by the warranty. filmm.io warrants only that during the warranty Period, the camera will perform, in all material respects, in accordance with the Specifications. Customer’s exclusive remedy and filmm.io’s entire liability under this limited warranty will be, as determined by filmm.io, for filmm.io to to repair or replace the non-conforming product so that the non-conforming component of the Offering performs, in all material respects, in accordance with the Specifications. For specifics on what the warranty covers please refer to ANNEX 1. In a case where filmm.io is unable to do so, to reimburse Customer on a pro-rata basis, in the form of credits when purchasing filmm.io products in the future (see Section 5), this shall be Customer’s sole and exclusive remedy and filmm.io’s sole and exclusive liability with respect to such non-conforming products. All warranties must be registered within 72 hours of receipt of the product, from the delivery time stamp provided by our specified delivery partners, at http://bit.ly/filmmio-warranty, failure to do so would mean filmm.io is no longer liable to provide any form of warranty for the products.
3.2. The warranties specified in section 3.1 do not cover liability or repair for damages, malfunctions, or service failures which are caused by (i)The consumer damaging the item. (ii) Misuse of the item and causing the fault. (iii) The consumer had tried to repair the item himself or had someone else try to repair it, and in the process damaged it. (iv)The consumer had been told about the fault before he bought the item. (v) The consumer had changed his mind and no longer wanted the item. (vi) The fault is due to wear and tear. (vii) removal or defacement of the serial number assigned by filmm.io or (viii) any force majeure such as fire, explosion, lightning, power surges or failures, water, strikes.
3.3. Any sale to business entities and/or its affiliates within the same market (film cameras) is not entitled to any warranty.
3.4. filmm.io warrants that it would conduct all services in a professional and workmanlike manner consistent with generally accepted industry practices. Customers must notify filmm.io of any warranty claims within forty(40) days from the date of receipt for items serial number from and below 2095 and within seven (7) days for items serial number from and including 2096. In the case for any claims, all forms would have to be filled out correctly and the camera to reach filmm.io be it by postal service 6 months from the date of receipt . There would strictly be no extensions of warranty. Customer’s sole and exclusive remedy and filmm.io’s entire liability for its breach of this warranty will be for filmm.io, at its option and expense, to use commercially reasonable efforts to re-perform the non-conforming Services OR a 100% refund in the form of store credits OR a 80% refund in the form of cash. The decision lies solely with the filmm.io team.
3.5. All warranty issues would be checked via a professional assessment and the word of the assessor would be final and indisputable. Prior to commencement of the Professional Services specified in the applicable Quotation, all Contract Fees are to be agreed by Customer prior to the related Start Date, in accordance with the payment terms specified herein. Professional Services Fees will be payable as invoiced by filmm.io to Customer. To the extent of any conflict between the General Terms and Conditions included in the Agreement and the SOW and/or SLA, these General Terms and Conditions shall prevail, unless and to the extent that the SOW and/or SLA expressly states otherwise. The buyer can only claim warranty for work done once, if work done is deemed satisfactory with the buyer, any warranty express or implied no longer applies.
3.6. Warranty only applies to items that have a listed unit price of above SGD$50.
3.7. Warranty is non-transferrable. Any attempt to sell the camera purchased will void the warranty. An attempt is constituted by a listing on any second-hand market, including informal person to person sales.
3.8. filmm.io shall be entitled, at its discretion, to employ any one or more of its subsidiaries or affiliates to perform any Support and Maintenance and/or Professional Services required hereunder, which performance shall be in accordance with and subject to the terms and provisions of the Agreement, and shall be accepted hereunder by Customer as though performed by filmm.io.
3.9. filmm.io may release updates on maintenance and/or service packs (“Updates”) for the products from time to time, which may be necessary to ensure the proper function and maintenance of the products. filmm.io is not responsible for performance, warranty breaches, support or issues encountered in connection with the product that result from Customer’s failure to accept and apply updates within a reasonable timeframe which would be herein defined as 24 hours.
3.10. Issues associated with the quality of the images would not be covered under warranty, one should look at the sample pictures being provided at the point of sale as merely a point of reference to make a decision if the goods are suitable.
3.11. Warranty claims that turn out to be a case where (i)The consumer had damaged the item. (ii) The consumer had misused the item and caused the fault. (iii) The consumer had tried to repair the item himself or had someone else try to repair it, and in the process damaged it. (iv)The consumer had been told about the fault before he bought the item. (v) The consumer had changed his mind and no longer wanted the item. (vi) The fault is due to wear and tear. will be subjected to a $15 diagnostic fee. This fee is non-negotiable and filmm.io is only liable to return the camera upon the payment of all outstanding fees, if applicable. Fee is payable within seven (7) days of notification, failure to do so would release filmm.io from all further obligations.
3.12 Warranty does not apply to items not purchased from filmm.io. The list is inclusive of but not exclusive to batteries, coverings, film, memory cards, card readers, chargers and/or professional assessment from a third party not authorised by filmm.io. The maximum claim amount is set as the value of the camera as set by filmm.io at the time of purchase.
Exhibit A
|
Appointed Third Party Assessors: |
I O Pte Ltd In-House Technician |
3.13 Any express and implied warranty does not apply for products that have been described in writing as “AS-IS” or “ Consignment” (see section 7) at the point of sale.
Section 4: Shipping
4.1. filmm.io will use commercially reasonable efforts to meet buyer’s requested delivery dates; however, all delivery dates, unless otherwise specified, are only estimates for buyer’s planning purposes and are not binding. filmm.io operates on free on board incoterms in line with the ICC for both domestic and international packages. Insurance of all packages will be the obligation of the shipping courier appointed by filmm.io, see Exhibit B. Any disputes to the appointed carrier must be resolved before payment, no negotiation would be accepted after the negotiation would be accepted. filmm.io herein releases itself from any and all responsibilities of damaged and/or lost parcels.
4.2. In case of a delivery damage claim, filmm.io hereby absolves any and all obligations to provide any packaging evidence for any and all delivery damage claims.
Exhibit B
|
Appointed carrier(s): |
Qxpress |
4.3 Any changes to the shipping and/or billing address would be subject to a 5 SGD surcharge.In the case that the address change cannot be made due to circumstances, buyer takes the sole responsibility to correct the change.
4.4 Any and all shipping costs for returns or warranty claims are to be borne by the buyer, filmm.io is not responsible for any lost/damaged/delayed parcels.
Section 5: Usage of Store Credit
5.1 Store credit can only be used as a full sum and only on a single item, if buyer choose an item that is less the value of the credits, all remainder credits would be deemed forfeited.
5.2 Store credit is valid fourteen (14) days from the date of issue, and cannot be used on sale or promotional items. Extensions of the expiry of filmm.io is done at the sole discretion of filmm.io.
5.3 Store credits are non-negotiable and non-transferable.
Section 6: As-is Sale
Section 6: As-is Sale/Brand Box Sale
6.1. Any and all of express and implied warranties do not apply to sales under as-is condition. Buyer is to note that there is no recourse of any kind for sales of this nature.
6.2.1 Any and all warranty claims for items labelled under “Brand Box” must be made known to filmm.io in seven (7) days. Working condition of the camera means that the camera is able to expose an image on photographic film, the quality of the images, cosmetic condition and completeness of the product is not guaranteed.
6.2.2 Buyer is not able to request for the type of camera they would get in the mystery bag. Any requests to do so would not be entertained. Exchanges of products upon receipt is also not permitted.
Section 7: Consignment Sale
7.1 fimm.io here acts as an agent in the conducting of such sales. Filmm.io is not responsible to authenticate the legitimacy of the description of the product being offered.
7.2 Upon payment of a consignment commission filmm.io is only obliged to connect the seller and the buyer. Upon handing over the contact information of the seller to the buyer, filmm.io is said to have fulfilled its duties and the contract is to be completed and come to term.
7.3 For sellers, if one wishes to sell via consignment of filmm.io, one is required to put up a safety deposit of 10% of the item value or handing over of the actual item to filmm.io for the safekeeping during the time of sale. The deposit of 10%or item would only be returned to the seller if he/she decides not to sell two (2) weeks after the initial date of posting. Filmm.io does not guarantee the sale of the item but would take commercially reasonable effort to market the item.
7.4 Any and all of express and implied warranties do not apply to sales under consignment. Buyer is to note that there is no recourse of any kind for sales of this nature.
Section 8: Price Match Guarantee
8.1 The price match guarantee provided by filmm.io seeks to provide the consumers with the best possible price. Upon validating the claims of the lowered price, filmm.io would provide the same price as the other party.
8.2 The burden to provide the necessary evidence needed for the price match guarantee is on the buyer alone. The price match guarantee only applies to cameras of the same model and the same condition. The evidence needed for the price match to apply are as follows: i) a screenshot or written statement of the camera, the price, the condition of the camera and a timestamp. ii) the seller can be any reputable online shop (for Instagram above 1000 followers) or physical shop based in Singapore. iii) Sales on peer to peer transaction platforms (Caurosell, eBay, Etsy) do not qualify for this. iv) The listing must be no more than 1 month old.
8.3 The price match guarantee only applies to regular price items.
Section 9: Term Termination and Suspension
9.1. Notwithstanding anything contained herein to the contrary, either Party may terminate the Agreement by written notice to the other Party, if the other Party breaches any material obligation hereunder (other than any payment obligation of Customer), which breach remains uncured for a period of ten (10) days after receipt of notice of breach by the breaching Party. Customer’s breach of any payment obligation hereunder constitutes a default on the date the payment is due and filmm.io shall have the right to terminate the Agreement immediately or suspend performance as provided herein. In addition, filmm.io may immediately terminate the Agreement if Customer breaches or is not compliant with the provisions of Sections 2.2 or 3.2. In any such case, no Contract Fees paid hereunder, shall be subject to repayment or credit in whole or in part in connection with any such termination, nor relieve Customer of its obligations to make all payments due hereunder without deduction, offset, setoff, counterclaim or reduction, recoupment or other charge.
9.2. filmm.io may immediately suspend performance of this Agreement upon delayed payment of more than five (5) days. Further, filmm.io may immediately suspend or terminate this Agreement without liability or penalty if suspension is reasonably necessary to prevent harm to filmm.io, its customers, partners or vendors. Filmm.io will use reasonable efforts to provide notice and context of such suspension. If due to Customer’s breach, filmm.ior eserves the right to charge fees for restoration of the Offering.
9.3.In addition to the foregoing, either Party may immediately terminate the Agreement by written notice to the other if (i) the other Party ceases to do business or becomes insolvent, (ii) upon institution by the other Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of debt, no Fees paid hereunder shall be subject to repayment or credit in whole or in part in connection with any such termination, nor relieve Customer of its obligations to make all payments due hereunder without deduction, offset, setoff, counterclaim or reduction, recoupment or other charge.
9.4 Upon the termination or expiration of the Agreement for any reason (i) all of Customer’s rights hereunder will immediately terminate and filmm.io will have no liability to Customer in connection herewith, (ii) Customer will pay all amounts due but unpaid hereunder to filmm.io, and (iii) Customer will return all Confidential Information and embodiments thereof to filmm.io, at Customer’s expense.
9.5 All performance by filmm.io of the above policy will expire on 31 December 2023. filmm.io will no longer be held liable to uphold any of the terms stated above after the above mentioned date.
Section 10: Miscellaneous
10.1 filmm.io reserves the right to change the store policy at any point at its sole discretion.
10.2 filmm.io reserves the right to refuse service. Any abuse of our staff, be it physical, verbal or emotional, will result in the contract being terminated and abusing party would be permanently refused service.
ANNEX 1
Specifics of Warranty coverage
For item serial 2095 and below:
- Normal shutter operation
- Flash (If applicable)
- Operation of film counter
- Winding on and rewinding of film
- Zoom (If applicable)
For items serial 2096 and above
- LCD dead pixels - threshold of 5% of screen size applies
- Operation of buttons
- Zoom (if applicable)
- Sensor operation
- Accessories if purchased from us