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Terms and Conditions - Dean & DeLuca Singapore
terms-and-conditions

TERMS AND CONDITIONS

TERMS OF USE

IMPORTANT NOTICE:

The following Terms of Use, as may be revised by us time to time without notice, apply to your access to and use of this website and/or this mobile app. You are put on notice to read through these Terms of Use carefully, each time you access or use this website and/or this mobile app. If you do not accept any of them, you are put on notice to leave this website and/or cease use of this mobile app immediately. By continuing to access or use this website and/or this mobile app, you are deemed to have read and accepted all the terms in these Terms of Use.

NO WARRANTY GIVEN BY US

  1. This website and/or this mobile app is updated periodically and therefore may not contain the latest details, information and data relating to our products, services and facilities or other matters. References to “we”, “us” or “our” in this website and/or this mobile app shall be deemed to be references to Kitchen Language Pte Ltd. We do not warrant the accuracy, adequacy, currency or completeness of any of the information or materials contained in this website and/or this mobile app, and expressly hereby disclaim all liability for errors or omissions in such information and materials. You should independently obtain and verify such information and materials by contacting us, before acting on them.
  1. No warranty of any kind, express or implied, is given by us in relation to this website and/or this mobile app or any of the information, data, materials or facilities contained or incorporated in it. In particular, without limiting the generality of the foregoing, no warranty is given by us in relation to the freedom from computer viruses or other corrupting or destructive codes, agents, programs, macros or effects arising in or transmitted through this website and/or this mobile app, or the security of information relayed by you or us through this website and/or this mobile app, or the prompt, complete and uninterrupted access to all the contents of this website and/or this mobile app, or the accuracy, adequacy, currency or completeness of the contents of this website and/or this mobile app or any website hyperlinked to this website and/or this mobile app. You have sole responsibility for adequate protection and backup of data and equipment and to take all necessary precautions to scan for and protect against computer viruses or other corrupting or destructive codes, agents, programs, macros or effects.
  1. We have selected certain websites to be hyperlinked to this website and/or this mobile app based on apparent relevance, and do not investigate, verify or monitor the contents of such websites. Hyperlinks are not an endorsement by us of the hyperlinked websites and we do not make any representations or warranties about any hyperlinked website you may access through this website and/or this mobile app. We cannot be held responsible for the information, products, services or other material obtained on such other websites and shall not be liable for any damages or losses arising from the access to or use of such a website. Any such website is independent from this website and/or this mobile app, and we have no control over, or responsibility with respect to the information provided or activities undertaken by any such website. You are put on notice that any access by you of such hyperlinked websites is at your sole risk. The linking of other websites to this website and/or this mobile app is prohibited without our express prior written consent.

LEGAL TERMS AND OUR ACCEPTANCE

  1. Only the legal terms and conditions which we expressly stipulate as governing any of the products, services or facilities offered by us, shall govern such products, services and facilities and be binding on us. Any marketing, promotional and other information contained in this website and/or this mobile app relating to any such products, services and facilities, which are not reflected in such express legal terms and conditions, are provided for informational purposes only and shall not have any legal effect whatsoever. Besides these Terms of Use, we may post specific terms and conditions applicable to specific products, services and facilities, on the websites and/or mobile apps that are hosted by us, and such terms and conditions shall in addition to these Terms of Use be binding on you.
  1. Any application made by you for any of the products, services or facilities offered by us or for any job or position that we may be offering, whether transmitted through or printed from this website and/or this mobile app or otherwise, shall be subject to our final written approval, which may be granted or refused at the our absolute discretion. We shall not be obliged to furnish any notice or give any reasons for any rejection of your application. Acceptance of you as a customer or employee of ours and making available to you any products, services or facilities or any jobs or positions, shall also be subject to your meeting our eligibility requirements, submission of all necessary documents, compliance with any other terms and conditions, and finalisation and execution of all documentation required by us (as may be applicable).
  1. Your acceptance or use of any products, services and facilities, jobs or positions offered by us in this website and/or this mobile app shall be subject to the legal terms and conditions imposed by us governing such products, services and facilities (which may or may not be included in full in this website and/or this mobile app, given their length) and shall be governed by Singapore law. You are put on notice to obtain from us and read through and satisfy yourself that you accept all such legal terms and conditions, before you avail yourself of any such products, services and facilities, jobs or positions. You will be deemed to have read and accepted all such legal terms and conditions upon your acceptance or use of any such products, services and facilities, jobs or positions.

ORDERING PROCESS

7. You have the option of placing orders for items on this website and/or this mobile app (each an .Order) as a guest or as a member who has signed up for an account for this website and/or this mobile app with us (.Member). You may sign up as a Member in accordance with the membership sign-up procedure set out in Clauses 30 to 35

8. You may place Orders through our website, our mobile app and through any other means as may be made available by us from time to time (each means for placing orders being an .Order Platform).

9. Only adults aged 18 and above may place Orders via an Order Platform. If you are under the age of 18, you must not place any Orders via any Order Platforms or otherwise provide any of your personal data to us without the permission of your parent or legal guardian. By placing an Order via an Order Platform, you confirm and warrant that you are 18 years of age or older.

10. If you are a guest, at the point of Order check-out, you must provide the following information:

1. your name;
2. your email address;
3. your mobile number (“Mobile Number”);
4. your billing address; and
5. your delivery address (if applicable).

11. If you are a Member, in addition to the information provided at the point of Member sign-up, you shall provide your billing address and delivery address (if applicable) if such information was not saved to your account at the point of signing up as a Member.

12. You shall pay for your Order in accordance with the requirements of our designated payment service provider, which may require you to provide your credit card information e.g. your credit card number, card expiry date, cardholder name and CVV code (.Credit Card Details) or to log on to your account with the service provider to approve the transaction (if you possess such an account).

13. You will be issued a unique number by email corresponding to your Order (.Order Number) after payment and after your Order has been confirmed by the Order Platforms. This Order Number must be presented to our third party delivery service provider to collect your Order. You shall be solely responsible for the safekeeping of your Order Number. The email will also contain an estimated time on when your Order will be delivered or ready for collection (.Order Collection Time), which may be varied by us upon prior written notice to you.

14. The availability and pricing of items on each Order Platform is subject to change at any time by us without prior notice to you.

15. Once an Order is confirmed via an Order Platform, such an Order cannot be cancelled by you. To the maximum extent permitted by law, we are not liable to provide a refund once an Order has been confirmed and payment for such Order has been received.

16. Notwithstanding anything in these Terms of Use, any Order may be cancelled by us at our sole discretion for any reason. In such event, you will be notified of such cancellation, and upon a refund of any payments received by us in connection with such Order, we shall be fully released and discharged from all obligations and liabilities relating to such Order.

17. You agree and acknowledge that all items sold through the Order Platforms are provided on an .as-is basis. To the maximum extent permitted by law, we expressly disclaim all warranties (express or implied) as to merchantability, satisfactory quality and fitness for a particular purpose for such items. We do not warrant or represent that any items that are available for Order through the Order Platforms are free of any and all traces of any allergens or that consumption of a food item will not result in an allergic reaction. Your Orders may be packaged with Orders from other users at the time of collection or delivery, and such other Orders may contain allergens. You acknowledge that Orders may contain food or beverages that may cause an allergic reaction or injury, and to the maximum extent permitted by law you hereby fully release and discharge us, and the third party delivery service providers from any and all liability and/or responsibility to you.

PAYMENTS

18. Payments for Orders shall be made via credit card or through any other payment methods that may be made available by us from time to time (each, an .Authorised Payment Method) and shall be made at the point of order. Cash on delivery is not accepted as an Authorised Payment Method. All payments shall be made in Singapore Dollars.

19. We may from time to time issue coupons that provide discounts for items listed on our Order Platforms. The use or availability of any discounts in connection with the use of any coupon is subject to the terms and conditions relating to such coupon or discount. We reserve the right to cancel or change the terms and conditions of such coupons at any time for any reason without notice to you.

20. At the point of Order check-out, you will be prompted to enter your payment details. You hereby warrant and represent that all information that you provide or have provided to us for an Order (including without limitation any payment details provided under an Authorised Payment Method) is accurate and up-to-date. If the information provided by you is incorrect or untrue, we may reject and/or cancel your Order without any liability whatsoever and suspend and/or terminate your access to the Order Platforms without prior notice.

21. For the avoidance of doubt, any personal data you provide us with in relation to payments for Orders or otherwise through any Order Platform shall be governed by the .Personal Data section of these Terms of Use at Clauses 47 to 54.

ORDER FULFILMENT

Direct Collection

22. Orders shall be fulfilled by direct collection or by delivery. If you select the direct collection option, you may collect your Order directly from the relevant store after the Order Collection Time. You are required to present the Order Number to our staff when collecting your Order.

23. Orders not collected within 7 working days after the Order Collection Time may be disposed of by us without any liability on our part. For the avoidance of doubt, no refunds, exchanges or substitutions will be provided for Orders which have not been collected by the Order Collection Time. For the purposes of this Clause, .working day shall mean a day (other than a Saturday, Sunday or gazetted public holiday) on which commercial banks are open for business in

24. You will be solely responsible for the collection of your Orders and shall not hold us liable for any delay in collecting Orders after the Order Collection Time by you that affects the quality of items in your Orders. All risk in respect of any items comprised in any Order passes to you upon their being appropriated to you or their being made available for collection.

25. Although we will endeavour to have your Order ready at the Order Collection Time, any collection times stated or agreed or represented are estimates only and we shall not be responsible for any damage, loss or costs arising from any delays in the handling, collection or non-availability of any Orders.

DELIVERY

26. We offer a delivery service (.Delivery Service) for our products. If you have selected Delivery Service for your Order, you agree and acknowledge as follows:

27. A delivery charge as designated by us from time to time applies for each delivery to a specified address. The delivery charge is subject to change at any time at our or our third party delivery service provider.s discretion.

28. Delivery Service may not be available for certain items to ensure item quality (such as whole cake items).

29. Delivery Service is only available within Singapore. No overseas shipping service is available.

30. Delivery Service is only available during such times as we may designate from time to time. We do not undertake that Orders will be delivered at any particular time and shall not be liable for delays in delivery or delivery at any time other than any appointed time.

31. Upon delivery, you shall present the Order Number to our third party delivery service provider to collect your Order. You shall check the Order and acknowledge delivery by signing on a delivery note. Any discrepancies or mistakes with respect to the Order must be notified upon delivery.

32. In the event that our third party delivery service provider is unable to successfully deliver your Order because you cannot be contacted or no one is present at the delivery destination to collect the Order, we shall have the right to charge a re-delivery surcharge using your original payment details for a return trip to re-deliver the Order. If no re-delivery of the Order is requested, we may at our sole discretion dispose of the Order without any liability whatsoever on our part.

33. You acknowledge and agree that our third party delivery service provider may contact you via your Mobile Number to facilitate the delivery or inform you of any delay in delivery of your Order. In this regard, you agree that we may disclose personal data relating to you to our third party delivery service provider for this purpose and all related purposes associated with the delivery of your Order.

34. You further agree and acknowledge that the Delivery Service is provided by a third party delivery service provider, who has been engaged as an independent contractor by you as your service provider and is not related to us. The Delivery Service is subject to the terms and conditions of the third party delivery service provider which you agree to. To the fullest extent permitted by applicable law, we shall not be responsible for the third party delivery service provider.s conduct, performance or non-performance of its obligations or any damage or loss arising from any delays or inability to deliver your Order or any other acts or omissions of the third party delivery service provider or its employees or representatives.

35. Although the third party delivery service provider will endeavour to deliver your Order within the indicated timeframe, any delivery estimates provided are estimates only. Delivery times may be affected by a number of factors, including those outside of the third party delivery service provider.s control, such as bad weather, traffic conditions and/or security checks at the delivery locations and we do not warrant the availability of the Delivery Service or the timely delivery of Orders by the delivery service provider.

36. We may suspend or terminate the Delivery Service at any time with notice to you. In relation to Orders which are undeliverable as a result of such suspension or termination, you shall collect your Order directly from us (if we have notified you that such collection is possible), or we may in our sole discretion cancel the Order in accordance with Clause 16.

MEMBERSHIP SIGN-UP

37. You may sign up as a Member to obtain rewards and points for Orders placed. You may choose to sign up as a Member on this website or via our mobile app.

38. If you would like to sign up as a Member via this website, you shall provide such information in setting up your account (.Account) as we may require. If you would like to sign up as a Member via our mobile app, you shall download the specified application from the relevant app store or marketplace.

39. You shall only sign up for an Account and become a Member if you are over 18 years of age. In the event that we have cause to believe that you may be under the age of 18, we reserve the right to suspend or terminate your Account, cancel all services (including without limitation any pending or confirmed Orders placed via the Order Platforms and any loyalty points awarded) and take any other measures which we deem necessary to the maximum extent permitted by law.

40. You shall be responsible for all uses under your Account and shall not disclose, assign, or provide your Account and passwords to any third party. You shall take all necessary care in maintaining and safeguarding the security of your own email addresses and passwords.

41. Once you sign up as a Member, you will receive email notifications relating to your membership (including without limitation, information relating to your loyalty points if any). If you have consented to receiving marketing messages from us, you may also receive messages providing updates on products, services, events and/or promotions offered by us through our Order Platforms in your membership inbox in the various Order Platforms.

42. As a Member, you may participate in the membership loyalty programme which awards loyalty points based on the dollar amount spent by you on our products. Loyalty points will expire after a fixed period of time as may be notified by us to you from time to time through this website and/or this mobile app. Loyalty points are awarded purely on a goodwill basis and are not intended to be legally binding transactions. As such, you acknowledge and agree that we may in our sole and absolute discretion and without any liability whatsoever:

a) reduce or cancel your loyalty points at any time, for any reason and without notice to you; and

b) stop providing any loyalty programme or change the terms of any loyalty programme (including without limitation any redemptions from such a programme) in relation to your use of the Order Platforms at any time, for any reason and without notice to you.

NO INVESTMENT OFFER OR ADVICE

43. The information and matters contained in this website and/or this mobile app are of a general nature, and no legal, tax, investment or other advice is given by us in this website and/or this mobile app. Nothing in this website and/or this mobile app shall be construed as advice or encouragement from us to you regarding the making of any commercial, business or investment decision, and you are put on notice to obtain independent professional or financial advice before making any decision or taking any action in relation to any of the information or matters raised in this website and/or this mobile app.

OUR DISCLAIMER OF LIABILITY

44. You acknowledge that an email or other electronic communication over the Internet is not confidential and is subject to risks of (a) unauthorised interception, copying, recording, interference, loss or alteration by third parties and (b) loss or alteration due to any failure of or problems with any electrical, electronic, computer, microprocessor, recording or communication system of yours or any third party.

Accordingly, you agree to release us from any claim which you may have as a result of assuming such risks. You acknowledge that the access and/or use of this website and/or this mobile app and any website hyperlinked to this website and/or this mobile app are at your sole risk, that the availability of this website and/or this mobile app is provided .as is, .as available and .with all faults, and we hereby expressly disclaim any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement, or as to the products, services or facilities provided via this website and/or this mobile app being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data. To the maximum extent permitted under applicable law, we make no representations or warranties on the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the products, services or facilities; we do not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products, services or facilities offered or displayed via this website and/or this mobile app does not violate any third party rights; and we make no representations or warranties of any kind concerning any product, service or facility offered or displayed on or via this website and/or this mobile app.

To the maximum extent permitted by law, we shall under no circumstances whatsoever (including without limitation negligence, act or omission of any of our officers or employees or representatives) be liable for any loss, damages, costs and expenses whatsoever, including without limitation direct, indirect, incidental, consequential, special or economic loss including loss of profits or interruption to business, whether in an action in contract, negligence, tort or otherwise arising from, out of or in connection with:

a) the access to or use of this website and/or this mobile app or any website hyperlinked to this website and/or this mobile app, inability to access or use, or incomplete, delayed or interrupted access or use of this website and/or this mobile app or any website hyperlinked to this website and/or this mobile app;

b) any transactions made through this website and/or this mobile app;

c) any act, omission, failure, negligence or conduct by our third party service providers (including delivery and payment service providers);

d) the use of or reliance on any of the products, services, facilities, information, materials, photos, designs, pictures or other contents contained in this website and/or this mobile app (including any User Material (as defined in Clause 44)) or in any website hyperlinked to this website and/or this mobile app

e) the failure of performance, error, omission or defect of any network, line or server system, or the transmission to or infection of any computer hardware or software used in accessing this website and/or this mobile app or any website hyperlinked to this website and/or this mobile app, with any computer virus or other corrupting or destructive code, agent, program, macro, effect or elements of any kind; or

f) the access by any unauthorised person to any information transmitted by you to us or vice versa through this website and/or this mobile app or any website hyperlinked to this website and/or this mobile app.

Without prejudice to any other provision in these Terms of Use, our maximum total liability to you (in total), in respect of any product,  service or facility purchased by you from us, whether in contract, tort (including negligence) or otherwise and whether in connection with these Terms of Use or any related contract or otherwise, shall under no circumstances whatsoever exceed a sum equal to the price which you have paid for that product, service or facility and which we have actually received. 

ACCESS TO WEBSITE AND OUR SERVICES

45. Our eligibility requirements for products, services, jobs, positions and facilities offered by us in this website and/or this mobile app and any website hyperlinked to this website and/or this mobile app, as well as restrictions or prohibitions of law, regulation or government policy in any jurisdiction, may prevent us from making available any such products, services, jobs, positions and facilities to certain categories of persons in certain jurisdictions. If you are interested in any such products, services, jobs, positions and facilities, please check with your legal and other professional advisors and with us.

46. If your access to or use of this website and/or this mobile app is illegal or unlawful or restricted by the laws of the country of your residence or by any country that has jurisdiction over you, please discontinue such access and use and/or comply with such restrictions (as applicable) immediately.

47. All and any information and data collected or submitted to us via this website and/or this mobile app (whether by email or otherwise) from time to time (including any feedback) shall become our property and we shall, subject to Singapore law, be free to use such information and data for any lawful purpose and disclose the same to such persons as may be in accordance with our current Personal Data Policy (as defined in Clause 47), and you hereby assign and transfer all rights, title and interests therein or relating thereto (including any intellectual property rights) to us. Such information and data and/or any ideas, concepts, know-how or techniques contained in such information and data, shall not be subject to any obligation of confidentiality or any other obligations in relation to such information and data, other than that prescribed by law. The provisions of this Clause 40 shall not apply in respect of any User Material (as defined in Clause 44).

INTELLECTUAL PROPERTY

48. The copyright, trade and service marks (registered and unregistered) and other intellectual property in the contents of this website and/or this mobile app belong to us or, as the case may be, our consultants, service providers or advisors or any third parties named in this website and/or this mobile app, absolutely.

49. Accordingly, the downloading (save as provided below), reproduction, derivation, modification, distribution, republication, display, broadcast, transmission or storage, of any of the contents (including photos, logos, designs and pictures) of this website and/or this mobile app and any website hyperlinked to this website and/or this mobile app, in any manner and by any means, and in any media whatsoever, is expressly prohibited without our prior written permission. We may grant or refuse to grant such approval at our sole discretion and on such terms and conditions as we may impose. You are authorised only to download the content of this website and/or this mobile app solely for your personal, non-commercial and lawful use which shall be for the purpose of considering whether to purchase, or to effect the purchase of, any of the products, services or facilities offered by us. For the avoidance of doubt, you may not reproduce, modify, display, sell, or distribute any of the text, programming, design, graphics, photos, picture, text and other content of this website and/or this mobile app, or use it in any other way for any public or commercial purpose. This includes without limitation copying or adapting the HTML code used to generate the web pages on this website and/or this mobile app. Hyperlinking this website and/or this mobile app to any other website or mirroring any of the information in this website and/or this mobile app on any other server, is also expressly prohibited without our prior written approval. In particular, we prohibit linking to or framing in any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

50. You shall have no rights in and to any of our intellectual property in the contents of this website and/or this mobile app other than the rights and/or licences to use such intellectual property expressly granted to you in Clause 42

51. If you provide any reviews, posts and comments on our website and/or this mobile app (through the website forums or otherwise) or to us (.User Material), you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable licence to do all acts comprised in the intellectual property rights in respect of such User Material, including without limitation the rights to use, exercise, reproduce, display, modify, communicate, adapt, perform, distribute or develop the same in all forms of media whether now known or in the future invented, for the purposes of operating this website and/or this mobile app and for our business purposes. You represent and warrant that you own or have the necessary rights, consents and permissions to grant the foregoing rights to us, and that your User Materials are your own original works and creations and/or in any case do not and will not infringe the intellectual property or other rights of any third party. You agree and acknowledge that: (i) we are not responsible for any User Material (whether provided by you or by third parties) made available on this website and/or this mobile app, and (ii) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.

52. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on this website and/or this mobile app (including any User Material) which in our sole opinion is unlawful, violates these Terms of Use, or could subject us or any of our affiliates, directors, employees, officers or third party service providers to liability. We shall have the right to take any enforcement actions as we deem appropriate at our sole discretion, including but not limited to giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your Account, or suspending your access to this website and/or this mobile app. We shall also have the right to restrict, refuse or ban you from any and all future use of any other product, service and/or facility provided or offered by us.

INTELLECTUAL PROPERTY INFRINGEMENTS

53. We shall have the right to investigate notices of copyright, trade mark and other intellectual property infringement (.Infringement) in respect of any material made available via this website and/or this mobile app, other Order Platforms and/or the services provided by us (.Infringing Material) and take appropriate action.

If you believe that your copyrighted material has been used or reproduced in a way that constitutes Infringement and such Infringement is occurring via this website and/or this mobile app, other Order Platforms and/or the services provided by us, please notify us in writing immediately in the form and containing the information prescribed by the Copyright Act (Cap. 63 of Singapore) (.Infringement Notice).

You agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first provided us with the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive any right of action against us under applicable law which you may have in respect of any Infringing Material prior to such removal by us.

PERSONAL DATA

54. By placing an Order, signing up as a Member, using this website and/or this mobile app, and/or providing any Personal Data to us, you agree to our collecting, using, disclosing and processing of your Personal Data for the purposes set out in our Personal Data Protection Policy available at http://www.fareast.com.sg/en/Personal-Data-Protection-Policy.pdf (.Personal Data Policy) and as set out below. In particular, but without limiting the generality of the foregoing, you consent to us and to all other persons and entities involved in the operation of this website and/or this mobile app, other Order Platforms and/or the provision of the services collecting, using, disclosing and/or processing your Personal Data for the following purposes (the .Purposes):

a) providing products or services that have been requested;

b) the processing, confirmation and delivery of your Order via the Order Platforms, including without limitation the processing of payments for your Order;

c) providing customer service (e.g. responding to your queries, requests and feedback, informing you about service status and product updates and sending you alerts and newsletters);

d) conducting market research and improving customer service (e.g. conducting market research or surveys, performing market analysis and managing and enhancing our products and services; developing new products);

e) conducting marketing promotions (e.g. sending of alerts, newsletters, marketing materials and invitations from us wholly or through affiliation with third parties and offering promotions and loyalty programmes);

f) maintaining investor relations (e.g. sending of alerts, newsletters, publications, marketing materials and invitations from us wholly or through affiliation with third parties);

g) performing evaluations (e.g. assessing suitability of candidates and/or employees);

h) facilitating any merger, acquisition or sale of any part or the whole of our business;

i) protecting and enforcing our contractual and legal rights and obligations;

j) complying with applicable laws, regulations and other requirements (e.g. providing assistance to law enforcement agencies, regulatory authorities and other governmental agencies and performing internal audits);

k) processing your Personal Data for purposes which are reasonably related to any of the purposes stated above, including disclosure to and processing by any third party service providers; and

l) any other purpose reasonably related to or incidental to the above.

55. Whilst we will take reasonable steps to accurately record your Personal Data, we require that you provide accurate and complete Personal Data, and update such Personal Data with us from time to time.

56. Should you wish to withdraw your consent to any use of your Personal Data set out herein, or if you have any questions or complaints relating to your Personal Data, or you would like to obtain access and make corrections to your Personal Data records, please contact our designated Data Protection Officer (DPO) whose email address is: foodandbevdpo@fareast.com.sg.

57. In relation to Orders placed through our Order Platforms, you hereby acknowledge, agree and consent that your Personal Data such as your name and payment details (e.g. your Credit Card Details) may be disclosed and transferred to third parties located outside of Singapore processing such payment transactions (including without limitation credit card companies, banks and payment service providers) and, subject to their respective personal data privacy policies and applicable laws, may be used, processed and stored by such third parties to facilitate payments that you now or subsequently make for Orders placed. You acknowledge and agree that such overseas transfer or processing of your personal data is necessary to process and administer your Orders and to provide you with our services under these Terms of Use. You understand that where Personal Data is transferred overseas, applicable local legislation may offer a standard of protection in relation thereto which differs from that which may be applicable under local laws in the country from which such Personal Data was transferred. In addition, you agree and acknowledge that we may disclose any of your Personal Data to any third party service provider for purposes related to any of the Purposes stated in Clause 47.

58. If you sign up as a Member and if you have consented to receive marketing messages, you may receive marketing messages in your Member inbox in the various Order Platforms in connection with products, services and/or facilities offered by us.

59. At the point of signing up as a Member, if you have consented to receive marketing messages, you may also have the option to receive additional notifications in connection with products, services and/or facilities offered by us via any or all of the following mechanisms:

a) push notifications on our mobile app;

b) email notifications from our website and/or our mobile app; and

c) SMS messages to your Mobile Number.

If you do not agree to receiving these additional notifications via any of the mechanisms listed, please contact our designated Data Protection Officer (DPO) whose email address is: foodandbevdpo@fareast.com.sg. In addition to contacting our designated Data Protection Officer (DPO) as aforementioned, you can also disable these additional notifications via your Account settings, however you may still receive marketing messages on your dashboard even after you have disabled these additional notifications via your Account settings. Hence, if you wish to unsubscribe from all marketing messages from us, please contact our designated Data Protection Officer (DPO) whose email address is: foodandbevdpo@fareast.com.sg.

60. For the avoidance of doubt, if you should choose to cease use of this website and/or this mobile app, other Order Platforms or other services provided to you, this will not affect any consents you have provided in relation to your Personal Data (whether collected via this website and/or this mobile app or otherwise). If you wish to withdraw any consents provided to us in relation to this website and/or this mobile app and/or your Account, please contact our designated Data Protection Officer (DPO) whose email address is: foodandbevdpo@fareast.com.sg. We may not be able to provide you with certain services as a result of such withdrawal of consent. Further, any legal consequences arising out of such withdrawal would not be affected.

Any capitalised terms used in Clauses 47 to 54 but are not defined herein shall bear their respective meanings under the Personal Data Protection Act 2012 (No. 26 of 2012 of Singapore).

61. In the event that you provide or submit any Personal Data of individuals through this website, this mobile app, the Order Platforms and/or any other service provided by us, you warrant to us that you have obtained the prior consent of such individuals for the collection, use and disclosure described above, in accordance with any applicable laws, regulations and/or guidelines.

PROHIBITED ACTIVITIES

62. You shall ensure at all times that your use of this website and/or this mobile app complies with applicable law.

63. You shall not:

a) send or allow to be sent unsolicited email, including without limitation promotions and/or advertisements of products, services and/or facilities;

b) transmit or allow the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene material or any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation via this website and/or this mobile app;

c) disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, communicate, republish, upload, post, transmit, edit, re-use, adapt, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sub-license or create derivative works based on the whole or any part of this website and/or this mobile app;

d) provide or otherwise make available this website and/or this mobile app in whole or in part (including object and source code), in any form to any person without our prior written consent;

e) use any automated process or service to access and/or use this website and/or this mobile app (such as a bot, a spider, periodic caching of information stored by us, or “meta-searching”);

f) use this website and/or this mobile app in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, including but not limited to using this website and/or this mobile app in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any person, party or entity; and/or

g) violate or attempt to violate the security of this website and/or this mobile app in any manner. This shall include, without limitation:

h) attempting to probe, scan, test the vulnerability of or gain unauthorised access to a system or network or to breach or circumvent security or authentication measures without proper authorisation;

i) making alterations to, or modifications of, the whole or any part of this website and/or this mobile app, or permit this website and/or this mobile app or any part of it to be combined with, or become incorporated in, any other programmes;

  • using this website and/or this mobile app in a way that could damage, disable, overburden, impair or compromise this website and/or this mobile app (or the systems or security of this website and/or this mobile app); or

 

j) interfering with service to any other user, host or network by any means, including without limitation submitting a computer virus to this website and/or this mobile app, overloading, “flooding”, “mailbombing” or “crashing” or interfering in any other way with other users. usage or access to this website and/or this mobile app.

Violations of system or network security or any of these Terms of Use may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any users of this website and/or this mobile app who are involved in such violations. We reserve the right to seek all remedies available at law and in equity for such violations, including but not limited to the right to block access from a particular Internet address to this website and/or this mobile app.

You agree to indemnify and hold us, our directors, officers and employees, harmless from any claims, liabilities, damages, demands, action, suit, proceedings, orders, costs or expenses (including solicitors. and legal fees on a full indemnity basis) which we, our directors, officers and/or employees may suffer or incur in connection with any breach of and/or non-compliance with the provisions of this Terms of Use and any action taken or omitted to be taken in good faith by us in connection with the same.

OTHER TERMS

64. The headings to these Terms of Use and the sequence of these provisions are for ease of reference and shall not be taken into account in the interpretation or construction of these Terms of Use.

65. We shall have the absolute discretion to update and amend the information and data contained in this website and/or this mobile app (whether or not posted by us on this website and/or this mobile app) without prior warning or notice. Our products, services, jobs, positions and facilities referred to in this website and/or this mobile app are provided by us at our discretion and may be modified or withdrawn or terminated by us at any time without notice, without liability on our part and without the need to provide any reason therefor.

66. These Terms of Use (including any additional terms referenced in these Terms of Use) constitute the entire agreement and understanding between you and us relating to the subject matters of these Terms of Use and you acknowledge and agree that you have not accepted these Terms of Use in reliance upon any representation, warranty or undertaking of us which is not set out or referred to in these Terms of Use.

67. A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Chapter 53B) to enforce any of its terms.

68. If any provision of these Terms of Use is found by a competent court to be invalid, illegal, or unenforceable for any reason, you agree that any remaining portion of that provision, and all other provisions of these Terms of Use, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the parties. intentions. The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

69. You may not assign or transfer all or any part of your rights and obligations under these Terms of Use.

70. Any failure or delay by us to enforce or exercise any term of these Terms of Use or any right or remedy under these Terms of Use shall not operate as a waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy by us. Our rights and remedies provided in these Terms of Use are cumulative and are not exclusive of any rights or remedies provided at law.

71. Save as is otherwise specifically provided in these Terms of Use, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our reasonable control, including without limitation, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.

72. The parties to these Terms of Use are independent contractors and neither party is a partner or joint venturer or employee or agent of the other nor is either party entitled to act as the other party.s agent nor shall either party be liable in respect of any representation, act or omission of the other party of whatever nature.

73. By accessing this website and/or this mobile app and/or accepting or using any products, services and facilities offered by us in this website and/or this mobile app, you are deemed to submit to the non-exclusive jurisdiction of the courts of Singapore. Your access to and use of this website and/or this mobile app and these Terms of Use are governed by and construed in accordance with Singapore law.

74. Should you object to any term of these Terms of Use, your only recourse is to immediately discontinue access to and/or use of this website and/or this mobile app.