Terms of Service
Terms & Conditions
Welcome to the coofoods.com website. Please read these terms & conditions (“T&Cs”) carefully. By using the coofoods.com website and/or any part of the Materials (“Website”), you agree to be bound by these T&Cs, and you consent to the collection, use, and disclosure of your personal data as described in these T&Cs. If you do not agree to these T&Cs, do not access and/or use this Website. Your use of the Website shall be deemed to be your agreement to be bound by each of the terms set forth below. We reserve the right to revise these T&Cs, any guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website. If any modification is unacceptable to you, you shall cease using the Website immediately. If you do not cease using the Website, you will be deemed to have accepted the change. You are expected to check these T&Cs from time to time to take notice of any changes as they are binding on you.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in this clause will apply to these T&Cs.
(a) “Customer” means anyone who visits or use the Website (collectively “Customers”, each a “Customer”), and may referred to as “you” and “your”.
(b) “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
(c)“OP Foods”, “we”, “our” and “us” refer to Orient Pearl Goods & Services Pte. Ltd.
(d) “Listing Price” means the price of Products listed for sale to Customers, as stated on the Website.
(e) “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
(f) “Materials” means, collectively, all web pages on the Website, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Website and the functionalities provided on the Website.
(g) “Order” means your order for Products sent through the Website.
(h) “Password” refers to the valid password that a Customer who has an account in the Website may use in conjunction with the Username to access the Website.
(i) “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
(k) “Product” means a product available for sale to Customers on the Website (collectively “Products”, each a “Product”).
- contains any computer virus or other invasive or damaging code, program, macro, hoaxes or any similar materials;
- is designed to acquire information such as usernames, passwords, credit card details or other personal information through masquerading as a trusted source;
- infringes any third-party Intellectual Property or any other proprietary rights (including the use, distribution and/or copying of any material without the express consent of the owner);
- encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- is defamatory, libellous, harassing or threatening;
- is invasive of privacy, discriminatory, racist, obscene, pornographic, indecent, offensive, abusive, counterfeited, fraudulent, stolen, harmful, offensive, abusive, harmful, malicious or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
- is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
(m) “Submission” is as defined in Clause 16.1 of these T&Cs.
(n) “T&Cs” means the recitals and clauses to these terms and conditions governing the Customer’s use of the Website and are set out at https://coofoods.com/pages/terms-conditions.
(o) “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Website.
(p) “Username” refers to the unique login identification name or code which identifies a Customer who has an account in the Website.
All terms defined in this T&Cs in the singular form shall have comparable meanings when used in the plural form and vice versa. Any reference in these T&Cs to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. Unless expressly indicated otherwise, all references to a number of days mean calendar days. Clause headings are inserted for convenience only and shall not affect the interpretation of these T&Cs. In the event of a conflict or inconsistency between any two or more provisions under these T&Cs, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of OP Foods and the provision which is more favourable to OP Foods shall prevail.
2. General Use of Website
2.1 You agree to access and use the Website only in compliance with all applicable laws and regulations, these T&Cs, and any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Website, as well as any amendments to the aforementioned, issued by us, from time to time.
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Website for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems, networks or websites connected to the Website;
(d) upload, post, promote, disseminate or transmit through the Website any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Website;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Website;
(g) resell or make commercial use of the Website or the Materials;
(h) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Material.
(i) collect or use any product listings or descriptions;
(j) use any data mining, robots, or similar data gathering and extraction methods from the Website;
(k) other than for your use of the Website as expressly permitted in these T&Cs, access or attempt to access any systems or servers on which the Website is hosted or modify or alter the Website in any way;
(l) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content or other information transmitted to or via the Website;
(m) use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found on the Website, the content of any text or the layout/design of any page or form contained on a page) without our express written consent;
(n) use the Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 We may, from time to time and without giving any reason or prior notice, maintain, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and shall not be liable if any such maintenance, upgrade, modification, suspension or removal prevents you from accessing the Website or any part of it.
We shall not be liable for any loss arising from any defect, malfunction or failure of any telephone network / lines, computer systems, servers, computer equipment, software used in connection with the Website.
2.4 There may be occasions where materials on or of third parties are provided on the Website. We are not responsible for the content and activities of any third-party site linked from and/or outside the Website. Your visit or use of any third-party site linked from the Website is entirely at your own risk. A link to another website does not mean that we endorse or accept any responsibility for the content displayed on the other website.
2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or Material on the Website. We may in our sole and absolute discretion, investigate any violation of the T&Cs contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Website;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of and/or access to the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6 Additional terms: In addition to these T&Cs, the use of specific aspects of the Materials and Website, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of Website
3.1 Application of this Clause: In addition to all other terms and conditions of these T&Cs, the provisions in this clause are the additional specific terms and conditions governing your use of the Website.
3.2 Restrictions: Use of the Website is limited to authorised Customers that are of legal age who have the legal capacity to enter into and form contracts under any applicable law and are not barred from using the Website under any applicable laws. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any part of the Website may not use the Website even if they satisfy the requirements of this clause.
3.3 General T&Cs: You agree:
(a) to access and/or use the Website only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Website in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Website is accurate and agree to take sole responsibility for such information and data.
We reserve the right to cancel or reject any use of this Website at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent
4. Your Account
4.1 Customers have the choice to access the Website with or without registering an account on the Website. Should you decide to access the Website by creating a registered account, you are responsible for: (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your account; (iii) be responsible for any purchases and activities that are submitted under this password; (iv) ensuring that all details provided during registration or any other time are correct and complete.
4.2 We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4.3 Purported use/access: You agree to be bound by any access to and/or use of the Website (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of the Website referable to your Username and Password.
4.4 We reserve the right to refuse, suspend or terminate the registration of any individual or corporate member and/or the use of the Website at any time for any reason, including and not limited to following:
(a) Accounts of Customers that we suspect have been compromised or used in breach of these terms and conditions; and/or
(b) A Customer using multiple accounts to deliver to the same address.
4.5 You acknowledge and agree that we may, to the extent permitted by applicable laws, access, preserve, and/or disclose your account information, all communications to and from you, all information relating to your use of the Website, if we are required to do so by law or legal process or if we determine, in our sole discretion, that such action is necessary to protect our rights, third parties, and other users of the Website or for purposes of responding to your request for customer service.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Website and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted Use: No part or parts of the Website or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Website and in these T&Cs shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Website, without our written permission or any other applicable trademark owner.
6. Pricing and Product Information
6.1 Prices of Products: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to us through the Website. All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice. All prices listed are in Singapore dollars.
6.2 Product Information: While we make every effort to fulfil Orders in terms of price, weight, and/or description through the Website, errors may occur and we do not guarantee that the pricing, product, weight, and/or promotional information provided will be accurate, current, updated, or complete. We reserve the right to change or update information on any product on the Website at any time without prior notice.
Without limiting the generality of the foregoing, you acknowledge and agree that
(a) product pictures on the Website are provided to help you recognise the products, but due to packaging redesign and improvements, these may not reflect exactly the product you receive;
(b) not all products will correspond exactly to the photographs and description on the Website;
6.3 In the event of any price difference between your Order on the Website and the final bill rendered, whether arising from substitutions, out-of-stock products, promotions, mislabelling and/or mispricing, we reserve the right to adjust the final bill even after an online bill is presented to you.
6.4 We shall not be liable to any person for any loss, damage, or inconvenience suffered in the event that we are unable to fulfil any Order for whatever reason.
7. Product Unavailability
In the event that a product becomes unavailable for whatever reason after an Order is accepted, we reserve the right to process the other products in your Order. We shall not be liable to any person for any loss, damage, or inconvenience suffered in the event products becomes unavailable and are unable to deliver these products.
Special offers are valid only while stocks last. We reserve the right to reject, and/or limit quantities on any Order received.
8. Promotions & Other Reward Programmes
8.1 We may from time to time, offer discounts, run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the Website and are hereby incorporated by reference into these T&Cs..
8.2 The following general terms and conditions are in addition to, and subject to the specific qualifying terms and conditions of each promotion, contest, survey, privilege and programme:
(a) A promotion code, discount, rebate, redemption, reward and privilege cannot be used in conjunction with any other available promotion codes, discount, rebate, redemption, reward and privilege. We reserve the right to reject any Order that uses two or more promotion codes, discount, rebate, redemption, reward and privilege;
(b) Use of promotion codes, discount, rebate, redemption and rewards will be subject to such minimum spend as set under the qualifying terms and conditions of the respective promotion, discount, rebate, redemption, privilege and programme.
(c) The use of any promotional code, discount, rebate, redemption or privilege may affect the minimum amount to qualify for free delivery. In such event, normal delivery fees will apply.
(d) Before completing an Order, the Customer shall be responsible for ensuring that the relevant promotion code or such other codes relating to a discount, rebate, redemption or privilege has been applied.
(e) We reserve the right to modify, cancel or discontinue any discount, promotion, contest, survey, privilege, Voucher Code programme and other programmes at any time without any notice or liability to you. Any change will take effect immediately, unless stated otherwise. Notice of any changes is deemed to be given when published on the Website and we do not assume any obligation to provide notice in any other manner.
(f) Promotions, discounts, rebates, contests, privileges and programmes are only valid for the time period specified on the Website, subject to availability and on a ‘while stocks last’ basis.
(g) The benefits, discounts, offers, gifts, complimentary items, Voucher Codes, promotion codes, rebates, redemptions and privileges are non-redeemable for cash or other goods and services, non-refundable, non-transferable, non-assignable and non- exchangeable and their barter, trade, sale, photocopying, alteration, purchase, or transfer by any person or entity is strictly prohibited. Any use of a promotion, discount, rebate, privilege or any reward in violation of these T&Cs will render it void.
(h) We shall not be liable for any loss, claim or damage suffered or incurred as a result of the redemption of gifts or Voucher Codes or use of promotion codes or any other privileges. We make no representation or warranty whatsoever, express or implied, with respect to the promotions, discounts, benefits, privileges or rewards offered.
(i) In the event of suspected fraud or misuse of any promotional code terms and conditions, we reserve the right to reject or cancel the use of a promotional code. We also reserve the right to charge you partially or in full the value of the benefit received using your Order payment method, without further notice to you.
(j) Where any free gift is offered as part of a promotion or any programme, the free gift is offered on a “first come first serve” and “while stocks last” basis. No cash or credit will be offered in lieu of any gift.
(k) Where you are permitted to return any product to us for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such Product. Where the promotion or discount had applied to the entire Order, we will refund you the selling price of the returned Product less the promotion or discount applied to the returned Product on a pro-rata basis.
Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift is related. If the total Order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the Order without the promotion.
(l) Our decision on all matters relating to promotions, discounts, Voucher Codes, other rewards, gifts and other privileges is final and binding.
8.3 The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
- Each Voucher Code is only eligible for a single use and is only valid for the time period and purpose specified on the Website. Where applicable, there will be no limit to the number of Voucher Codes issued per account unless stated.
- Voucher Codes may only be redeemed by purchasing certain products from the Website during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to delivery charges.
- Use of any Voucher Code must be indicated at the time of checkout, and all information required must be provided. No retroactive use of the Voucher Code is permitted.
- A minimum spend may be required before use of the Voucher Code is permitted.
- No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes are allowed.
- Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
- We reserve the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
- We reserve the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on Website.
8.4 The following terms shall apply to COO Foods Referral Programme (“Referral Programme”):
(a) The Referral Programme was created to award Customers who refer (the “Referrers” and individually the “Referrer”) and the individuals who are referred (the “Referees”, individually the “Referee”).
(b) A referral is successful when the Referee (i) registers for an account at the Website via the referral code of the Referrer and (ii) while logged on to the Website account created, completes an initial minimum purchase of $30.00 (excluding discounts and delivery charges) on the Website (“Qualified Referral”).
(c) Each Referrer is limited to one Qualified Referral for each Referee; in other words, additional/repeat purchases made by a Referee are not counted as additional Qualified Referrals.
(d) For each Qualified Referral, the Referrer and the Referee are awarded as follows:
- Referrer’s Reward: one-time 10% discount on future purchase at the Website
- Referee’s Reward: $10 discount on the Referee’s initial purchase from the Website.
Both the Referrer and the Referee's Reward do not apply to delivery charges, unless otherwise stated.
(e) We reserve the right, at our sole discretion, to disqualify any person we find to be tampering or to have tampered with the operation of the Referral Programme or to be acting in violation of these terms and conditions.
(f) We reserve the right to terminate or modify the terms and conditions of the Referral Programme at any time for any reason.
- For Referrers
(a) The Referrer must be an existing individual (not a corporate) customer of the Website with a registered account.
(b) The Referrer can refer an unlimited number of referees.
(c) The Referrer must comply with all SPAM (unsolicited commercial communications sent in bulk by email or by text or multimedia messaging to mobile telephone numbers) laws as may be updated from time to time. Any distribution of referral code that could constitute unsolicited commercial email or SPAM under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of the Referrer’s account and exclusion from the Referral Programme.
(d) Unless otherwise stated, the Referrer’s Reward should be redeemed within 3 months from receipt. After this time, the reward may be removed by us at our sole discretion.
(e) The Referrer’s Reward cannot be stacked with another Referrer's Reward, other vouchers, rewards, store credits, offer or promotion.
(e) Customers are not allowed to sell their unique referral codes.
- For Referees
(a) The Referee must be a new Customer (i.e. has had no prior dealings with us and made no prior Orders at the Website). The Referee and the Referrer cannot be the same person (for example, by using a different email address).
(b) The referral code needs to be applied at the point of creating an account on the Website in order to be eligible as a Qualified Referral.
(c) If you closed your Website account, you need to wait 1 year before opening a new account in order to be eligible for the referee rewards under the Referral Programme.
9. Amendment and/or Cancellation.
All Orders will be deemed to be irrevocable and unconditional upon submission on the Website and we shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. No amendment or cancellation to an Order is allowed once an Order is submitted.
We provide delivery service in mainland Singapore on any Orders placed through the Website. For the avoidance of doubt, we do not deliver to Jurong Island and any of the other islands.
The following delivery time & fees are applicable to your Order:
$70 & above
Mon to Fri: 10.00am - 5:00pm
Sat & Sun: 1.00pm - 6-00pm
$30 to $69.99
$30 to $69.99
(or $70 & above if chosen)
Mon to Fri: 10.00am - 5:00pm
$30 & above
Mon to Fri: 10.00am - 4.00pm
(within 2hrs upon order)
Minimum purchase for all delivery is $30 per Order. You need to select a mode of delivery (Urgent, Standard or Self-Collection) per Order before you proceed to checkout at https://coofood.com/cart.
We will only deliver your Order to the front door of the given delivery address. In the event you ask us to leave your Order at your front door, such delivery shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft and damage and we shall not be liable for any consequential, indirect, or damage or loss howsoever arising.
If there are any changes in the delivery address / contact details made between submission of Order and delivery date, Customers are to update us at least 48 hours prior to delivery. Should delay of delivery date and time be required, the Order will be subjected to additional surcharge according to delivery time & fees schedule above. No changes in the delivery address are allowed once an Order is processed & confirmed "on the way" for delivery. No changes whatsoever can be made to Urgent deliveries once an Order is submitted.
We reserve the right to charge you additional fees, for the provision of our services, including but not limited to:
You will be notified of any applicable fees prior to purchase on the checkout page on the Website.
It is your responsibility to review the fees carefully before submitting an Order. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you at the checkout page. You will be deemed to be aware of, and you accept responsibility for the total amount incurred under your account. Any fees that we may charge you are due immediately and are non-refundable.
In the event that you are not present to receive an Order at the scheduled delivery date, there will be a redelivery charge of $8.00 (incl. of GST), payable via PayNow to UEN No. 200612751G before the redelivery. You are required to provide a redelivery date within 2 days from original date, failing which, we will proceed to cancel the Order and a cancellation charge of $10.00 will be imposed. The balance order amount will be refunded through the same mode of payment.
In the event that we are unable to confirm and/or verify any Orders received (including but not limited to the delivery address provided), through the mobile number provided to us, we reserve the right to cancel the said Order.
Payment information is transmitted through a secured payment channel using Shopify, a global leader in e-commerce platform for online stores with Tier 1 global data centres and secure server and Secure Socket Layer. Once payment mode has been selected and Order has been submitted, any changes on payment mode is not possible.
We accept payment by way of VISA, Mastercard, American Express credit cards, Apple Pay and PayNow.
We reserve the right to change the mode or method of payment for products offered online at any time as provided on the Website.
13.1 For refunds, questions or any other issues with regards to Products purchased on the Website, please contact our customer service. Please note that we reserve the right to reject any requests for refunds at our sole discretion.
13.2 Subject to Clause 13.1, within 3 days from the date of delivery of the Product, you may request for a refund for a Product which you receive that is faulty or damaged.
13.3 Some Products are sold under clearance. Clearance items include Products near expiry date (minimum 2 weeks to expiry) and/or have damaged packaging (including dented cans/box and/or torn labels). We do our best to classify the damaged packaging by severity (low, medium & high). Images provided are for illustration purpose only. Actual product may vary.
All material listed for clearance sale is sold on an 'as-is' basis. All sales of clearance Products are final and are non-returnable, non-refundable and non-exchangeable.
We exclude all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of any product supplied to the fullest extent permitted by law. No agent or representative of OP Foods is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the product supplied.
15. Limitation of Liability
We shall not be liable for any consequential, indirect or special damages or loss howsoever arising. To the extent that we are liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of a product or any other breach of our obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the product(s).
Both OP Foods and such other third party contracted for the delivery of Products will not be held responsible for any damage or loss after delivery. You shall not use the Products in any manner and/or for any purpose for which they are unsuited for and you shall be responsible for using all necessary skill and care in handling and using the products. You expressly agree that we do not assume obligation or liability for any advice or information given with the Products and we assume no responsibility for any inaccuracy or misstatement of any such information. You assume all risks connected with the use and storage of the Products.
You unreservedly acknowledge and agree that you assume all risk in connection with the use of the Website. We shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the Website. Without limitation to the foregoing:
This site and all information contained herein is provided on an “as is” basis without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement of any of the Products sold therein. We shall not be liable for any loss, claim or damage suffered or incurred as a result of the use of the Products.
To the fullest extent permitted by law, we shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.
We shall have no liability whatsoever in respect of interruptions or unavailability of the Website at any time.
16. Your Submissions and Information
16.1 You grant us a non-exclusive licence to use the materials or information that you submit on the Website and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews on the Website, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
16.2 Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
We may bar your access to the Website (or any part thereof) for any reason whatsoever, including a breach of any of these T&Cs or when we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing you access to the Website.
18.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
18.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
18.3 Notwithstanding Clauses 18.1 and 18.2, we may from time-to-time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
19.1 Cumulative Rights and Remedies: Unless otherwise provided under these T&Cs, the provisions of these T&Cs and our rights and remedies under these T&Cs are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these T&Cs, or at law or in equity, shall (save to the extent, if any, provided expressly in these T&Cs or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
19.2 No Waiver: Our failure to enforce these T&Cs shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these T&Cs. We would still be entitled to use our rights and remedies in any other situation where you breach these T&Cs.
19.3 Severability: If at any time any provision of these T&Cs shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these T&Cs.
19.4 Rights of Third Parties: A person or entity who is not a party to these T&Cs shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these T&Cs, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these T&Cs.
19.5 Governing law: Use of the Website and these T&Cs shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
19.6 Except as provided for in Clause 19.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
19.7 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
19.8 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
19.9 Currency: Money references under these T&Cs shall be in Singapore Dollars.
19.10 Entire Agreement: These T&Cs shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
19.11 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Website, if any) maintained by us or our service providers relating to or in connection with the Website shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
19.12 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Website and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
19.13 Assignment: You may not assign your rights under these T&Cs without our prior written consent. We may assign our rights under these T&Cs to any third party.
19.14 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of obligations under these T&Cs (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Version dated 28 February 2022