COLD STORAGE APP and Cold Storage website (available at https://coldstorage.com.sg/) (each or collectively referred to as “this APP”) has been especially designed by Cold Storage Singapore (1983) Pte Ltd (“Dairy Farm”, “we”, “us”, “our” or “DFSG”) for Customers (defined below) using this APP for shopping service. Dairy Farm operates and owns the APP, and may provide the services and fulfil the Orders (as defined hereunder) using its stores in Singapore trading as Cold Storage Supermarket.
If you intend to use this APP or simply want to browse this APP, please read these Terms and Conditions carefully before using this APP. By using this APP or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them.
1.1 In these Terms and Conditions the following definitions shall apply:
1.1.1 “Coupon” shall mean any coupons issued by the Seller, including but not limited to “e-Gift Vouchers”, E-Coupons, Delivery Discount Coupons and Third Party Coupons.
1.1.2 “Customer” shall mean you and, where the context requires, all other persons who access this APP under your Login.
1.1.3 “Delivery Discount Coupon” shall mean a Coupon issued by the Seller which is redeemable for discounts on delivery fees in accordance with these Terms and Conditions.
1.1.4 “E-Coupon” shall mean a Coupon issued by the Seller which is redeemable for discounts in accordance with these Terms and Conditions.
1.1.5 “Login” shall mean a Customer's login identification and password used to access to this APP under that Customer's credentials.
1.1.6 “Order” means the submission of an offer to purchase Products by a Customer made via the APP.
1.1.7 “Price” shall mean the price of the relevant Product as offered by each of the Seller in the APP.
1.1.9 “Product” or “Products” shall mean any and all the products for sale on this APP.
1.1.10 "Seller” shall mean DFSG or its stores in Singapore trading as Cold Storage Supermarket.
1.1.11 “Third Party Coupon” shall mean a Coupon issued through this APP which is redeemable in connection with Products specified by a third party.
1.1.12 “This APP” or “the APP” shall refer to the COLD STORAGE APP.
1.1.13 “Transaction” means the sale and purchase of Products by the Seller and Customer, respectively, through this APP in connection with an Order.
1.2 All Products sold by the Seller through this APP are subject to these Terms and Conditions. By submitting your Order for processing on this APP, you confirm that you have read, understood and agreed to the Terms and Conditions in effect at the time your Order is submitted for processing.
1.4 The Customer (i) agrees to provide complete and updated information for registration on this APP. For credit card payment registration, the Customer shall provide the Seller with accurate and complete credit card information, and (ii) represents and warrants to the Seller that the Customer’s use of any credit card registered with this APP is authorised and lawful.
1.5 You agree: (a) to access and/or use the APP only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the APP in good faith; and (b) to ensure that any information or data you post or cause to appear on the APP is accurate and agree to take sole responsibility for such information and data. The Seller has absolute discretion to refuse the registration of any person as a Customer, cancel or reject any access rights and use of this APP, and/or to terminate the registration of any Customer for any reason whatsoever at its sole discretion and at any time, including instances where the Seller deems that any transaction is fraudulent or suspects that it is fraudulent.
1.6 The Customer agrees to pay for every Order made using his Login. The Customer shall be responsible for updating his registration information including his credit card particulars recorded through this APP. The Customer shall be responsible for notifying his bank of any changes to his records, or loss, theft or unauthorised use of his credit card.
1.7 The Seller shall make reasonable efforts to fulfill Orders placed by Customers through this APP, but shall not be liable to any person if the Seller declines or become unable to fulfill an order for whatever reason, including but not limited to supply shortage, changes in supply, unavailability of delivery service due to the Customer’s location, or if an incorrect Price was charged for a Product.
1.8 Notwithstanding the provisions of clause 1.7, the Seller reserves the right to decline any Order if the Seller, in its absolute discretion, considers the credit of the Customer unreliable, or for any other reasons.
1.9 You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the APP, as well as any amendments to the aforementioned, issued by the Seller (whether as part of use of the APP or in relation to the purchase of Products, on behalf of Seller), from time to time. The Seller reserves the right to revise these 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 APP. The Seller shall not be responsible for the Customer’s management of his password. The Customer shall ensure that his password is kept strictly confidential to prevent unauthorized use of his Login. The Seller shall use its reasonable efforts to prevent any unauthorised access to this APP. However, the Seller shall not be liable for any loss or damages whatsoever if any third party gains unauthorised access to this APP using the Customer’s Login. The Seller does not represent or warrant that the APP will be accessible at all times, or function with any electronic equipment, software, and/or infrastructure.
1.10 In each Transaction, the maximum order quantity for each Product is 99. All Orders are subject to the Seller’s acceptance in its absolute discretion and stock availability.
1.11 Products and Prices displayed on this APP are for reference only and are subject to adjustment or modification at the time the relevant Order is placed.
1.12 Prices do not include delivery charges and service charges. Please see clause 4.12 for details on delivery charges.
1.13 The range of Products available for purchase differs depending on the district selected for delivery. Switching districts will reset the range of products available for purchase.
1.14 All Orders will be deemed to be irrevocable and unconditional upon transmission through the APP and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 6, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
2.1 The Seller will make reasonable efforts to ensure that Prices, details and sizes of Products displayed on this APP are up-to-date, however the Seller reserves the right to vary the Price and other details of the Products without prior notice.
2.2 The Prices advertised on this APP applies to online shopping only. Prices for some Products may differ from those charged at the Seller’s physical stores. The Price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only. The Price of a Product shown on the checkout page when the Customer submits an Order is subject to adjustment pursuant to clauses 2.3 and 2.4. The Price charged by the Seller for the relevant Product shall be the Price set out in the final bill shown in the APP at the time of delivery.
2.3 Not all Product sizes will correspond exactly to the description offered in this APP. The Seller reserves the right to provide the nearest Product size at the nearest Price with the Customer’s consent.
2.4 There may be discrepancies between the bill shown on the checkout page in the APP when the Order is submitted, and the final bill shown in the APP at the time of delivery, if the Customer consents to variations to the relevant Order due to out-of-stock products, substitutions, the unavailability of special offers affecting the Price of Products (for example, if discounts on purchases of more than one Product of the same type is not available due to the requisite number of Products being unavailable for purchase), and weighed items (for example, where Products are purchased by whole units but its Price is set according to its weight which could vary from unit to unit). The Seller reserves the right to adjust the bill in this APP if the Customer consents to variations in the relevant Order, and such adjustments will be marked on the final bill shown in the APP at the time of delivery.
2.5 If the Customer requests a variation to the Order which the Seller has accepted, then the total Price payable for the Order will be adjusted accordingly to reflect the variation and recorded on the final bill shown in the APP at the time of delivery.
2.6 All Orders made by you shall be deemed to be an offer made by you to purchase the selected Product(s) and quantities set out in your Order upon these Terms and Conditions. All Orders shall be subject to acceptance by the Seller. Processing of payment for an Order shall not in itself constitute acceptance of the Order by the Seller, provided that where an Order for any Product(s) is rejected or cancelled by Seller, any payment made for such order shall be reversed or refunded by the Seller in accordance with these Terms and Conditions.
2.6 Specific terms and conditions applicable to the Seller and its respective businesses:
2.6.1 Seller’s Exclusion List of Promotion:
(i)This exclusion list applies to all promotional and loyalty activities including but not limited to the following benefits / rebates / discounts / promotions: Senior Citizen discounts, Accumulation of PAssion TapForMore points, purchase with purchase, gift with purchase and any other discounts, offers, vouchers and Coupon.
(ii)Consequently, expenditure on these Products / services cannot be used to accumulate minimum spend, where minimum spend is a prerequisite to enjoy a given promotion or be included for the purpose of any benefits / rebates / discounts / promotions which may be on offer. For the avoidance of doubt, the Seller shall have the right to amend this exclusion list as and when it deems fit without any further notice.
(iii)Exclusion list consists of the following Products / services:
• Tobacco and cigarettes
• Newspapers and magazine
• Infant milk powder
• Phone cards
• Dairy Farm gift vouchers
• TIM booth (lottery)
•Purchases from concessionaires
3. Payment Methods
3.1 This APP currently supports Visa and Mastercard online credit card payments only. Apple Pay and Google Pay may be supported by the APP at a later stage. Please complete payment within 15 minutes after the Order is submitted. Otherwise, the Order will be automatically cancelled. Customers will be notified if other payment methods are available on this APP. The Customer may not claim against the Seller, DFSG or any of its agents, for any failure, disruption or error in connection with the Customer’s chosen payment method. The Seller and DFSG reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Customer or giving any reason.
3.2 Third party payment services are used by the Seller to process Transactions. When placing an Order, the Customer will need to agree to and accept the relevant terms and conditions of such third party payment services in order for the Order to be processed. Credit card details will be collected, processed and retained by the Seller and/or the payment service providers. The Customer agrees to bear (on a joint and several basis with any other person who accesses this APP using the Customer’s Login) any loss caused by Customer during the course of, or arising out of or in relation to, any credit card transaction processed by third party payment service providers. The Seller shall not be liable for any loss, in part or in full, under any circumstances in connection with such credit card transactions.
3.3 The Seller may change the payment methods available for settling Transactions on this APP at any time. Customers will be notified of any such changes through email or this APP.
3.4 If the Customer wishes to pay with credit card, the Seller will request authorisation from relevant card issuer to hold the full purchase amount of the Order. The authorised amount held will not be available for use by the Customer while the Order is being prepared. The authorised credit card will only be charged after delivery is completed.
3.5 If Customer cancel the Order or the ordered items are out of stock before it has been billed, any authorisations placed on Customer’s credit card account can take up to 45 days to reverse, depending on the credit card issuer. Please contact related financial institution for the specific timeframes.
3.6 In order to strengthen the security of Transactions made using this APP, Customers are required to verify their identity through the use of one-time passwords for each Transaction. Credit card issuers will provide the one-time password via SMS to proceed with authentication. Please ensure you have enabled the one-time password authentication function in the APP.
4.1 The Seller shall use reasonable efforts to deliver Products for which an Order has been placed to the delivery address specified on the registration form or the delivery address last on record of the Customer within the time slots selected by the Customer, but shall not be liable for any delays, changes of delivery time or non-delivery for causes beyond its reasonable control. You agree that the Seller shall not be liable for any deliveries made outside the delivery time.
4.2 The Seller shall deliver Products in the Customer’s shopping cart in the App after the Customer places an Order for such Products and settles payment for the Transaction. The Customer shall include all Products he wishes to purchase (including free gifts and redemption items) in the shopping cart when submitting the Order. The Customer shall not be entitled to delivery of any items not included in the shopping cart when submitting the Order.
4.3 The Seller will only deliver Products to mainland Singapore and Sentosa Island except for Jurong Island within the time slots and at delivery charges as set out below:
4.3.1 Delivery will be offered in 2 hours slots (subject to availability of the time slots, the availability of the selected Product and the delivery conditions of the originating Seller of the selected Product) across the following times:
1000 - 1200
1300 - 1500
1400 - 1600
1600 - 1800
1700 - 1900
1900 - 2100
4.3.2 Delivery Charges will be as follows:
Order received Delivery Charges
For Order value of S$80.00 and above per delivery Free delivery
For Order value less than S$80.00 per delivery S$6.99
4.4 Delivery of Bulk Order:
4.4.1 For bulk Orders placed with Seller, the Seller’s customer service representative will contact the Customer to determine the delivery details. Seller shall not be liable to the Customer if it declines to fulfil a bulk Order for whatever reason.
4.5 No delivery services will be available to premises situated in buildings which have no lawful unloading areas within 50 meters of the building. Delivery services are not available for areas that cannot be reached directly by our vehicles or buildings without a functioning lift to the third floor or above.
4.6 It is the responsibility of the Customer to notify the Seller immediately of any change to his delivery address and contact number.
4.7 The Customer shall take delivery of all Products delivered pursuant to an Order within the designated time slots requested by the Customer (other than Products that are out of stock), otherwise:
4.7.1 The Seller will charge payment for the Products ordered according to their respective Prices in accordance with clause 2.2. If any adjustments to the Prices are made in accordance with clause 2.3, or variations are made to the Order pursuant to clauses 2.4 and 2.5, the difference in the total Price for the Order shall be paid by, or refunded to, the Customer (by credit card) before delivery of the Products; and
4.7.2 The Seller reserves the right to cancel the Order.
4.8 All deliveries shall be only made to the entrance of the delivery address specified on the registration form. The Seller has no obligation to make deliveries to any specific location at the delivery address. When receiving deliveries, the Customer shall confirm receipt of the Products with delivery personnel (unless the Customer has specifically instructed the Seller to leave the Products outside the door. Such deliveries shall be at Customer's own risk). The Customer shall ensure that a person aged 16 or above who is authorized to receive is present at the specified time for delivery at the Customer's address to receive the Order. If no such person is present, the delivery shall be withdrawn and attempted at another agreed time slot. In such circumstances, the Seller reserves the right to charge the Customer an extra delivery fee at the absolute discretion of the Seller.
4.9 If the delivery includes alcoholic drinks, tobacco products or any other Product which the Seller is prohibited from selling to a minor, a person aged 18 or above (with identification) must be present to take delivery of the alcoholic drinks, tobacco products or such other Products. If no person aged 18 or above is present, delivery shall be withdrawn and attempted at another agreed time slot. In such circumstances, the Seller reserves the right to charge the Customer an extra delivery fee at the absolute discretion of the Seller.
4.10 If the delivery includes Orders with fresh and frozen items (whether in full or partial), it is hereby agreed that the Seller may leave the delivery unattended on or in front of the delivery address in the event that there is no person to accept the Order, and you accept that this forced unattended delivery shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft and damage.
4.11 In the interest of protecting the Customer’s rights, the Customer should check the Products delivered before confirming receipt, including but not limited to checking: the type, form and quantity (including the smallest packaged unit) of Products, Price, free gifts, external packaging, whether the invoice corresponds with the Order, the condition of frozen Products, and so on. When the delivery arrives, the Customer may remove the external package to check the Products, however internal package of items should remain unopened until after the Customer has confirmed receipt. Otherwise, the Seller is not liable for issues in connection with such Products.
4.12 In the interest of safety, the Seller does not deliver to walk-ups (a building without an elevator) from level 2 and above, or deliver more than 3 cases of beverages (or equivalent weight of the Products) from level 2 and above. In the event of a broken elevator, the Seller also does not ask its delivery personnel to deliver the Order more than 2 floors. As the APP cannot, and does not, enforce these limits, we ask Customers to abide by these service limitations and such deliveries may be limited when Orders exceed these requirements. The Seller may decline or reject the delivery of such Order upon being made known that such Order exceeds these requirements. This limitation exists to protect the health of the delivery personnel.
4.13 The Seller reserves the right to decline to deliver Products to any Customer in its absolute discretion.
5. Special Products
5.1 If the Customer's order includes any alcohol products, the Customer must be 18 years old or older and can lawfully purchase such Products.
5.2 The Customer shall ensure that no person or persons shall use his/her Login to purchase alcohol products if that person or those persons are not 18 years or over, or are not able to lawfully purchase such Products.
5.3 The Seller delivers all Products except tobacco products, prescription medicines or such other products not permitted by applicable laws and regulations.
6. Variation / Cancellation of Order
6.1 The Customer may vary or cancel the Order up to the point in time that the Seller has commenced processing the Order and the Customer will not incur any cost in doing so. If the Product being ordered is a special item (“Special Item”) requiring Seller to pre-order or pre-purchase the Special Item (e.g. advance order for real Christmas tree) for the Customer (as noted in the App for that Special Item), then Customer will not be able to cancel such Order upon payment confirmation.
6.2 Subject to the Customer's consent, the Seller may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
6.3 If there is no prior consent from the Customer for a substitution, no substitution shall be made.
6.4 The Seller retains the right to cancel any Order of S$0 and/or Order(s) appears to be placed by dealer, reseller or distributor.
7.1 All risks in the Products shall pass to the Customer upon delivery, however the Seller shall retain the title in the Products until full payment has been received by the Seller.
8. Returns of Products/Refunds
8.1 Images of Products on this APP may not correspond exactly to the Product or Product descriptions and are for reference only. The Customer shall not be entitled to return a Product on the basis that it does not correspond exactly to its image on this APP.
8.2 The Seller assumes no obligation or liability for any advice or information provided with Products as displayed on this APP and shall not be responsible for any inaccuracy or misstatement of any such information.
8.3 Save for medicines which are strictly not refundable or exchangeable, the Seller shall use reasonable efforts to ensure that Orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported within three (3) days of delivery via e-mail to the Seller at email@example.com or call the Seller’s hotline at 6891 8100:
8.3.1 If the Seller determines in its absolute discretion that any Product was delivered in a damaged condition, past its sell by date, or omitted in the package prepared for delivery, or if the wrong Product was delivered, the Seller shall either refund to the Customer the Price of that Product, or replace the Product. Customers must notify the Seller at the aforesaid email address or hotline number within 24 hours of receipt of the relevant Order in connection with such issues for the Seller’s consideration.
8.3.2 If any Product which was not part of the Customer's Order is delivered to the Customer by mistake, the Seller reserves the right to collect the wrongly delivered Product.
8.3.3 If the Customer was charged for a Product which has not been delivered, the Seller shall refund to the Customer the Price of that Product as originally charged to the Customer.
8.3.4 If the Customer is charged more than the applicable Price in connection with any Product, the Seller shall refund the difference to the Customer.
8.4 The Seller’s liability in connection with any Product delivered is limited to refund or replacement of the Product as specified above. All other remedies are excluded.
8.5 All returned Products must be returned in accordance with the return policy as set out in the APP.
8.6 Refunds shall be credited, at the Seller’s option, to the Customer's credit card account as supplied in the registration form. Promotion codes, discount codes or Coupons used in an Order for which a refund is made will not be reinstated or refunded by the Seller. The Seller shall not be obligated to refund any amount deducted from the sum payable under the relevant Order through the use of promotion codes, discount codes or Coupons.
8.7 In case of dispute as to the Customer’s remedies under this clause 8, the decision of the Seller shall be final and binding.
9. Use of Coupons and Vouchers and Promotions with Orders
9.1 Coupons can only be used subject to the terms of the Coupon. The Coupon cannot be used for promotional items, promo packs, infant milk formula and diapers.
9.2 Coupons cannot be redeemed for cash, and no change or refund will be given for any unused value on any Coupon. Each Coupon can only be used in one Transaction.
9.3 Coupons cannot be used to purchase certain Products. For details, please refer to the terms and conditions of each Coupon.
9.4 E-Coupons and Third Party Coupons can be used on this APP to redeem cash discounts only, and cannot be used for deducting any applicable delivery fees (the discount will be applied to the Order by deducting from the Price of each Product a proportionate amount based on the Price of each Product); Delivery Discount Coupons can be used for deducting delivery fees only.
9.5 Customers may apply one E-Coupon, and one Delivery Discount Coupon with each Transaction. Customers may apply more than one Third Party Coupon to any Transaction provided the Third Party Coupons do not relate to Products specified by the same third party.
9.6 In order to use any Coupon, Customers can simply select the relevant Coupon under the “Coupons” section on the checkout page.
9.7 Coupons cannot be redeemed for orders made through fax or by way of telephone.
9.8 If a Customer cancels any Order settled using any Coupons, or applied for a Product return in connection with an Order that was settled using any Coupons, the Coupons used in such Orders will not be reinstated or refunded. Please see clause 8.6.
9.9 Coupons may expire and or otherwise become invalid. The Seller is not obligated to re-issue, reinstate, extend the validity period of, or issue any refund on the value of any Coupons that have expired or become invalid. Please refer to the terms and conditions of the relevant Coupon for details.
9.10 Not all promotions available or promoted in the physical locations of Cold Storage Supermarket in Singapore will be available on this APP.
9.11 In case of dispute in connection with the use of any Coupons or application of any promotions on the APP, the decision of the Seller shall be final and binding.
10. Coupon Centre
10.1 The Seller may make different types of Coupons available for collection in the Coupon Centre section of the APP.
10.2 Customers may collect Coupons from the Coupon Centre by clicking on Coupons shown on the screen as available for collection. Coupons collected by a Customer will be allocated to that Customer’s APP account.
10.3 The number of each type of Coupon available for collection by Customers may be limited, and will be made available to Customers on a first-come-first-served basis. Coupons will be removed from the Coupon Centre once all the relevant Coupons available for collection have been collected by Customers.
11. Force Majeure
11.1 If the performance by the Seller of its obligations under this APP is prevented by reason of "force majeure" (including but not limited to fire, death, accident, acts of God, natural disasters, any law, order, proclamation, regulation, demand or requirement of the Government of the Republic of Singapore or of any of its agencies or regulatory bodies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delays in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of the Seller)), the Seller shall be excused from such performance to the extent it is prevented from performing its obligations by reason of force majeure.
12. Variations of Terms and Conditions and Disclaimers
12.1 The Seller reserves the right to amend these Terms and Conditions in its absolute discretion and without prior notice to Customers. The Customer is reminded to review the Terms and Conditions prior to submitting any Order. Once an Order is placed, the Customer is deemed to have accepted the Terms and Conditions prevalent at the time.
12.2 While the Seller makes every effort to ensure that the APP, services and all content is accurate and complete, the APP, services and content are provided on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Seller and DFSG disclaim all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, the Seller and DFSG do not warrant that the functions contained in or access to the APP, services, content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the APP, services, or content are free of viruses or other harmful components, or that the download, installation or use of the APP or any content in or with any device will not affect the functionality or performance of the device. The Seller and DFSG do not warrant or make any representations regarding the use or the results of the use of the content, the services, the APP in terms of their correctness, accuracy, completeness, reliability, or otherwise.
12.3 The APP and service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services or Products obtained by third parties through the use of the services or the APP. The Customer’s use of the APP or services and any third party services or products remains solely with the Customer to the maximum extent permitted by law.
13. Limitation of Liability
13.1 The Customer agrees that: (a) the Seller shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the APP or services without assigning any reason; (b) access to or the operation of the APP and/or the services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors; and (c) the APP may be subject to limitations, delays, and other problems inherently and in any such event, the Seller shall not be liable for any loss, liability or damage, which may be incurred as a result.
13.2 By accessing and using this App, the Customer acknowledges and accepts that the use of the APP is at the Customer’s own risk. The Seller shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the APP.
13.3 The liability of the Seller whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of the Seller’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the Product.
13.4 The Seller shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall the Seller be liable for any damage or loss caused by the Seller’s employees, agents, contractors or other persons whatsoever.
13.5 The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that the Seller assumes no obligation or liability for any advice or information given with the Products and the Seller shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.
14. Third Party Rights
14.1 Notwithstanding the Contracts (Rights of Third Parties) Act (Cap. 53B) and/or any comparable law in any jurisdiction, these Terms and Conditions are personal to and are made solely for the benefit of the Seller and the relevant Customer, and shall not create or give any rights to, or purport to confer any benefits on, any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Act and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any provision of these Terms and Conditions are expressly excluded and no provision of these Terms and Conditions are, or are intended to be, enforceable by any person not being the Seller or a Customer. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these Terms and Conditions, or any provision of these Terms and Conditions, are not subject to the consent of any third party (including Dairy Farm International Holdings Limited and/or any of its wholly-owned subsidiaries at all times). The term “subsidiary” shall have the same meanings ascribed to the term in the Companies Act (Cap. 50) as amended from time to time.
15. Applicable Law
15.1 These Terms and Conditions shall be governed by the laws of Singapore. The Customer and the Seller agree to submit to the jurisdiction of the Singapore courts.
16. Rules on posting comments
16.1 Brief summary
16.1.3 The Customer hereby grants the Seller a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any comments, reviews, ratings or such other content that the Customer provides or publishes through or in relation to the APP, for any purpose as DFSG or the Seller may require at its sole discretion. The Customer further agrees that DFSG and/or the Seller may use and publish the name of the Customer in connection with such comments, reviews, ratings or such other content.
16.2 Content of comments
16.2.1 Customers may comment on Products and the delivery service based on actual Transactions settled by them after they have received the Products.
16.2.2 Comments may consist of product reviews and delivery service reviews. Product reviews include ratings, comments, and delivery service reviews include ratings and comments.
16.2.3 Customers currently do not have the ability to remove comments that they post on this APP.
16.3 Principles of commenting
Customers agree that their comments should be honest and acknowledge that their comments may be an important point of reference for other Customers and the Seller in connection with the relevant Product. Customers must not post comments that:
16.3.1 contain unlawful content or content that depicts acts of violence;
16.3.2 are irrelevant to Products purchased by the Customer;
16.3.3 consist only of numbers, random alphabet letters, garbled text, punctuation marks, or emoji;
16.3.4 are obscene;
16.3.5 include personal attacks and malicious falsehoods against any person;
16.3.6 that repeats itself for 60% or more of the comment, and has no value as reference;
16.4 Comment Moderation
16.4.1 To ensure fair, objective and authentic comments, the Seller may implement technical means of regulating comments to prevent the posting of comments in violation of these Terms and Conditions, or comments that are malicious, inappropriate and abnormal that damage or impair this APP’s commenting system, or maliciously disparage the Seller’s reputation.
16.4.2 The Seller has the sole right to determine whether comments posted by Customers and the notifications from the Seller regarding delivery services are accessible by other Customers.
16.4.3 The Seller reserves the right to delete comments generated in connection with transactions not made in accordance with these Terms and Conditions, including but not limited to comments that contain content that contravenes these Terms and Conditions, or fraudulent content, or relate to Transactions made by a Customer in collusion with third parties or merchants to influence ratings or rankings of any Product on this APP.
16.4.4 The Seller may delete any comments that, in its opinion, contain negative and untruthful information, and were maliciously made by a Customer for the purpose of obtaining any benefit.
16.4.5 The Seller may delete or censor any profanity, promotional messages or meaningless content in comments posted about a Product, Transaction or after-sale services.
16.4.6 The Seller may censor or delete comments in its absolute discretion.
16.4.7 In connection with the abovementioned comments or conduct of any Customer, the Seller may, among other things, take actions to verify the identity of the relevant Customer, block, censor or delete comments of such Customer, restrict such Customer’s ability to post comments, and restrict such Customer’s ability to make purchases on this APP.
17. Intellectual Property
17.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the APP (including the Products) and all content shall vest in and remain with DFSG and its licensors. Any other use of the materials on the APP, including modification, distribution, or reproduction for purposes other than those as set out in these Terms and Conditions, without the prior written permission of DFSG, is strictly prohibited. You acknowledge that DFSG and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. DFSG reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from DFSG and/or the Seller.
17.2 The trademarks, logos and service marks ("Marks") displayed on the APP are the property of DFSG and other third parties, and all rights to the Marks are expressly reserved by DFSG and relevant third parties. You are not permitted to use the name of DFSG, the Seller or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of DFSG, the Seller or such third party.
18. Questions and Complaints
18.1 If the Customer has any questions or complaints, the Customer may contact the Seller directly under the [FAQ & Contact Us] tab in the APP.
18.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, the Seller and DFSG reserve the right to suggest and implement an appropriate resolution at its sole discretion.
These Terms and Conditions are last updated on and effective from September 2023.