We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the "T&Cs") apply to www.snackright.sg (the "Site") and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.åå
The website located at www.snackright.sg (the "Site") is a copyrighted work belonging to Snack Right LLP ("Snackright", "Company", "us", "our", and "we"). Company markets, sells and delivers packaged foods directly to customers via post (“Products”) and offer subscription service of the Products (“Service”). Certain features of the Products, Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Products, Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 Account Creation. In order to use certain features of the Site (e.g., to use the Services and/or to purchase the Products), you must register for an account with Snackright ("Company Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Snackright Account at any time, for any reason, by following the instructions on the Site. Snackright may suspend or terminate your Snackright Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Snackright Account login information and are fully responsible for all activities that occur under your Snackright Account. You agree to immediately notify Snackright of any unauthorized use, or suspected unauthorized use of your Snackright Account or any other breach of security. Snackright cannot and will not be liable for any unauthorized use of your Snackright Account or loss or damage arising from your failure to comply with the above requirements.
1.3 Promotional emails. As a member, you agree to receive newsletters and promotional emails from us,including third party offers.
2. Payment Terms
2.1 Ordering Services. You may order any of the Products and/or Services offered (including without limitation ongoing, a la carte or gift) by following the directions on the Site.
2.2 Payment Terms. If you order the Products and/or Services, you agree to pay the then-current applicable Service fee or price per Product and any applicable shipping charges.
2.3 Title and Risk of Loss. All Products purchased from Snackright are made pursuant to a shipment contract. This means that the risk of loss and title for such Products passes to you upon our delivery to the carrier.
3.1 License. Subject to the terms of this Agreement, Snackright grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site, Services and/or Products for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, Services and/or Products; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, Services and/or Products; (c) you shall not access the Site or Services and/or purchase the Products in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site,Services and/or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site, Services and/or Products shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site, Services and/or Products content must be retained on all copies thereof. Please see the Acceptable Use Policy in Section 4.3 below [Link "Acceptable Use Policy" to section 4.3].
3.3 Modification. Snackright reserves the right, at any time, to modify, suspend, or discontinue the Site, Services and/or Products or any part thereof without notice to you. You agree that Snackright will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services and/or Products or any part thereof, except and if otherwise expressly set forth in Section 9.
3.4 No Support or Maintenance. You acknowledge and agree that Snackright will have no obligation to provide you with any support or maintenance in connection with the Site, Services and/or Products.
3.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, Services and Products are owned by Snackright or Snackright's licensors. The provision of the Site, Services and Products does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Snackright and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content. "User Content" means any and all information and content irregardless of whether such information and content is in relation to the Products that a user submits to, or uses with, the Site or Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Snackright. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Snackright is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 Contributions. By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Snackright, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Snackright is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Snackright shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Snackright may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Snackright rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Snackright under any circumstances.
4.3 Acceptable Use Policy. When using the Site,Services and/or purchasing the Products, you agree to the "Acceptable Use Policy" below. Specifically, you agree to:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by the Company concerning the Site, Services and Products; and
Use the Site, Services and Products in a responsible manner.
Additionally, you agree not to:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Site;
Harass, abuse or harm another person, including sending unwelcomed communications to others regarding the Site, Services and Products;
Use or attempt to use another's account without authorization;
Upload, post, transmit or otherwise make available or initiate any content that Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; or Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services.
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Site, Serviceand Products, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from Snackright to provide any service that is competitive, in Company's sole discretion, with Company;
Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;
Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement on the site;
Infringe or use Company's brand, logos or trademarks except as expressly permitted by Company in writing;
Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Company's Site, Service and Products;
Attempt to or actually override any security component included in the Site, Service or underlying Company;
- Indemnity. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations; and/or (e) your purchase and/or consumption, misuse of the Products. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Party Sites & Ads; Other Users
6.1 Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
6.2 Other Users. Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
6.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads.
THE SITE, SERVICES AND PRODUCTS ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, SERVICES AND PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SNACKRIGHT DOES NOT MANUFACTURE AND/OR MANAGE THE PACKING OF ANY OF THE PRODUCTS ON THE SITE AND SHALL BEAR NO RESPONSIBILITY IN RELATION TO THE CONDITION OF THE PRODUCTS DURING THE MANUFACTURING AND PACKAGING PROCESS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE, CONSUMPTION, USE OF, OR INABILITY TO USE, THE SITE, SERVICES AND/OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES, PURCHASE AND/OR CONSUMPTION OF THE PRODUCTS, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) SINGAPORE DOLLARS THIRTY ONLY(S$30) OR (B) AMOUNTS YOU'VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Site and/or Services (Term and Termination). Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may, without prior notice to you, (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Company Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Service, Company will provide you a pro-rata refund of the period of your unused subscription and/or refund of the Products which cannot be fulfilled (where applicable). Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.5, 4 - 15.
- Products (Term and Termination). Subject to this Section, this Agreement will remain in full force and effect for the purchase of the Products. We may, without prior notice to you, terminate this Agreement, at any time for any reason at our sole discretion. Upon termination of this Agreement, Company will refund the full payment made to you for any order made by you which cannot be fulfilled due to the termination. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.5, 4 - 15.
- Miscellaneous terms
- Discontinuation of a Product: Company may at any point of time discontinue a Product (“Discontinued Product”) or Service in the Site without prior notice to you. Company may notify you of such Discontinued Product if you have placed an order and made payment for such Discontinued Product on the Site. You may then be entitled to a refund or replacement subject to the following:
- i) Company will refund the full amount of payment made by you for a Product that has been discontinued and hence cannot be fulfilled by Company; or
- ii) In the event where you have made payment for a Discontinued Product, you may request in writing for a replacement of a discontinued Product with other Products of Company subject to availability of Products and Company’s agreement.
- Failure to fulfill order of Products: In the event where Company is not able to fulfill your order of the Products, including but not limited to a shortage of supply, you may then be entitled to a refund or replacement subject to the following:
- i) Company will refund the full amount of payment made by you for the Product; or
- ii) You may request in writing for a replacement of the Product with other Products of Company subject to availability of Products and Company’s agreement.
- Delivery failure/delay: Company shall not be responsible for any issues and/or problems in relation to the delivery of the Products to you, including where there is a missing Products, incomplete Products, damage to the parcels and Products.
- Disclaimer of Products: Company shall not be responsible for any losses and/or damages whether in monetary form or otherwise in relation to a direct and/or indirect consequence of misuse, negligence, failure on your part in using, storing and/or consuming the Products in accordance with our instructions found in our Site.
- Delivery of Products: Delivery of our Products would take approximately 3 to 5 working days from the point of us sending a confirmation email to you. Please note that Company uses an independent third party logistics provider to deliver your Products, Company shall not be liable or respnsibe for any delays in the delivery.
- Subscription cancellation: All subscription Services are non-refundable at point of successful payment made to Company by you. In general, Company will not refund payment for any part of unused subscription period to you in the event where you choose to terminate the Agreement prematurely before the end of the subscription period. Company may decide to provide you with a refund in its sole discretion.
- Product cancellation: All successful orders made upon receipt of confirmation email may be cancelled by you within 3 days of the receipt of confirmation email from Company. Company will provide you with a full refund of the amount paid upon successful cancellation.
- Force Majeure. In the event of Force Majeure, the Company shall not be liable for any delay or failure to fulfill your order of the Products. Where the Company’s obligations under this Agreement is prevented or disrupted due to a Force Majeure Event, the Company shall:
- give prompt notice to you of such a Force Majeure event; and
- use all reasonable efforts to fulfill your order of the Products where possible.
General Product orders
The Company’s responsibilities shall be suspended for the duration of the Force Majeure event, you or the Company may terminate the Agreement 90 days from the date of the notice given to you of the Force Majeure event. Where the Agreement is terminated due to a Force Majeure event, the amount paid by you for the Products which cannot be fulfilled shall be refunded to you.
The Company’s responsibilities shall be suspended for the duration of the Force Majeure event and your period of subscription shall be extended to a period equivalent to the duration of suspension during the Force Majeure event. You or the Company may terminate the Agreement 90 days from the date of the notice given to you of the Force Majeure event. Where the Agreement is terminated due to a Force Majeure event, Company will refund you a pro rated amount of your subscription fee based on the unused period of your subscription.
- Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties and supersedes all prior representations, agreements, irregardless whether written or oral.
- Third Party. A person who is not a party to this Agreement has no rights under Contracts (Rights of Third Parties) Act to enforce the terms in this Agreement.
- Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of Singapore.