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Terms and Conditions
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Published: 2020 TERMS OF USE These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Shoplinks (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms. The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. Shoplinks reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted. 1. Shoplinks 1.1 Who we are These Terms form the contract between you and the Shoplinks Pte Ltd: 1.2 What we do Through our Platforms, Shoplinks links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Shoplinks acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us. 1.3 How to contact us For customer support, you may reach out to us via email or through our in-app customer support chat feature. 2. Use of Platforms 2.1 You will need to register for a Shoplinks account for you to use the Platform. When you register for a Shoplinks account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Shoplinks account are your sole responsibility. 2.2 Shoplinks shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information. 2.3 If you wish to delete your Shoplinks account, please send us an email requesting the same. We may restrict, suspend or terminate your Shoplinks account and/or use of the Platforms, if we reasonably believe that: 2.3.1 someone other than you is using your Shoplinks account; or 2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms. 3. Restrictions 3.1 Activities Prohibited on the Platforms The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Shoplinks reserves the right to investigate and take appropriate legal action against anyone who, in Shoplinks's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following: 3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations; 3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; 3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Shoplinks in its sole discretion or pursuant to local community standards; 3.1.4 posting content that constitutes cyber-bullying, as determined by Shoplinks in its sole discretion; 3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior; 3.1.6 posting telephone numbers, street addresses, or last names of any person; 3.1.7 posting URLs to external websites or any form of HTML or programming code; 3.1.8 posting anything that may be “spam,” as determined by Shoplinks in its sole discretion; 3.1.9 impersonating another person when posting content; 3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; 3.1.11 allowing any other person or entity to use your identification for posting or viewing comments; 3.1.12harassing, threatening, stalking, or abusing any person on the Platforms; 3.1.13engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Shoplinks, exposes Shoplinks or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or 3.1.14encouraging other people to engage in any prohibited activities as described herein. 3.2 Shoplinks reserves the right but is not obligated to do any or all of the following: 3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content; 3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms; 3.2.3 suspend or terminate a user’s access to the Platforms or their Shoplinks Account upon any breach of these Terms; 3.2.4 monitor, edit, or disclose any content on the Platforms; and 3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards. 4. Intellectual Property All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Shoplinks and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Shoplinks's trademarks on any other website not approved by us is strictly prohibited. Shoplinks will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Shoplinks neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Shoplinks. Use of any materials on the Platforms is at your own risk. 5. Restriction of Goods 5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force. 5.2 Alcohol / Alcoholic Products (“Alcohol”) To purchase Alcohol, you must be of the statutory legal age. Shoplinks, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion: 5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol; 5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or 5.2.3 to refuse delivery to any persons for any reason whatsoever. 5.3 Cigarettes/Tobacco Products (“Tobacco”) 5.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way. 5.3.1 To purchase Tobacco, you must be of the statutory legal age. Shoplinks, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
6. Orders 6.1 When you use data in our platform to order directly to the merchants, Shoplinks will not be liable for any damages or losses relating to your use of the data provided herein, including ordering directly 6.2 Prior to placing the Order 6.2.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area. 6.3 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart. 6.4 Placing the Order To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us. 6.5 Cancelling an Order. Please message the merchant immediately if you wish to cancel your Order after it has been placed. 6.7 Shoplinks reserves the right to cancel any Order and/or suspend, deactivate or terminate your Shoplinks account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Shoplinks account and/or with your Order. 7. Prices and Payments 7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 7.1 Payments. No payment is processed by Shoplinks and all payments shall be made directly to the merchant at your own risk. Shoplinks will not be liable for any damages or losses relating to your use of the platform for ordering. 7.2 Prices indicated on the Platforms are as at the time of each Order and may be subject to change. 8. Delivery and Pick Up 8.1. All deliveries and pick up will be organized by the merchant directly. Shoplinks will not be liable for any damages or losses caused by any errors of the merchant on fulfilling your order. 9. Vouchers and Promotions 9.1 From time to time, Shoplinks may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once. 9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 9.3 Unless otherwise stated, Vouchers can only be used on our Platforms. 9.4 Vouchers cannot be exchanged for cash. 9.5 Shoplinks reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply 9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 10. Representations, Warranties and Limitation of Liabilities 10.1 Representations and Warranties You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Shoplinks makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure. Limitation of Liability To the extent permitted by law, Shoplinks (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Shoplinks entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Shoplinks entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Shoplinks, the Shoplinks entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law. 10.3 Vendor’s representations Shoplinks shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. Shoplinks does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct. 11. Vendor Liability Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Shoplinks shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. 12. Personal Data (Personal Information Protection) You agree and consent to Shoplinks and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms. 13. Indemnity You agree to indemnify, defend, hold harmless Shoplinks, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms. 14. Third party links and websites The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Shoplinks does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Shoplinks accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites. 15. Termination Shoplinks has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Shoplinks, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Shoplinks may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites. 16. Amendments Shoplinks may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately. 17. Severability If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. 18. Governing Law These Terms shall be governed and construed in accordance with the laws Singapore and will will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms: 19. Contact Us If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature. 20. Groceries 20.1 The purchase of Goods from Vendors on ‘SHOPS’ on the Platforms (“SHOPS”) are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Goods from SHOPS which are incorporated into and form a part of these Terms. 20.2 Due to delivery constraints, Shoplinks may be required to impose a cap on the amount of your Order or limit the quantities of Goods in your Order from SHOPS in its sole discretion. 20.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund and returns policy. 20.4 Where the prices of any Goods are subject to the definitive weight of the Goods, we will provide an initial estimate of the price for the purposes of checkout. The final price shall be indicated in your email confirmation containing your tax invoice. For shortfalls in payment, additional amounts shall be charged to you. For overpayments, excess amounts shall be refunded in accordance with our SHOPS cancellation, refund and returns policy. 20.5 We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Due to the laws in some countries, we shall not offer for sale certain goods, or restricted items to you (e.g. alcohol, tobacco, etc.). Any offer for any Goods made on the Platforms is void when it is prohibited by law. 21. Prevailing Language In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions. |