FOODSTERR PTE. LTD.
Welcome to Foodsterr.com. Foodsterr Pte. Ltd. and/or its affiliates ("Foodsterr") provide website features and other products and services to you when you visit or shop at Foodsterr.com (the “Website”), use Foodsterr products or services, use Foodsterr applications for mobile, or use software provided by Foodsterr in connection with any of the foregoing (collectively, the "Services"). Foodsterr provides the Services subject to the following terms. By using the Services, you agree to these terms. Please read them carefully. If you do not agree with these terms, do not use the Services. You are encouraged to print or download these terms and save them for your records.
1 DATA PROTECTION
2 PROPRIETARY RIGHTS
2.2 Foodsterr respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Services, then please contact us immediately (see Section 20 below for our contact details).
3 CONTENT AND COMMUNICATIONS
3.1 The Services (including past, present, and future versions) and all content included on the Services (collectively “Content”) are owned or licensed property of Foodsterr or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
3.2 You are the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using your account. You may post reviews, comments, photos, videos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages Foodsterr's property or interferes with or disrupts Foodsterr's system or other users. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Foodsterr reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Although Foodsterr is not responsible for any such communications, Foodsterr may suspend any such communications of which Foodsterr is made aware.
3.3 If you do post content or submit material, and unless we indicate otherwise, you grant Foodsterr a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Foodsterr and sub-licensees the right to use the name that you submit in connection with such content, if they choose to do so.
3.5 You acknowledge and agrees that Foodsterr has not and is not expected to provide you with any analysis, interpretation or advice regarding your compliance with the above and does not control your content nor guarantee the accuracy, integrity, security or quality of your content.
4 LICENSE AND ACCESS
5 YOUR ACCOUNT
If you use any of the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 21, you may use the Services only with involvement of a parent or guardian. Foodsterr reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You agree to immediately notify Foodsterr of any unauthorized use of your account of which you become aware.
Foodsterr and you agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Information residing on Recipient's backup, disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.
7 RISK OF LOSS
All items purchased from Foodsterr are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
8 RETURNS, REFUNDS AND TITLE
As a general rule, Foodsterr does not accept returns for food products as Foodsterr is unable to control storage conditions for such products once these products have been shipped to you. We do appreciate that you may want to return some items and as such can offer returns in limited circumstances as described in this Section.
You have 3 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Once we receive your item, we will inspect it and notify you that we have received your returned item. We will notify you on the status of your refund after inspecting the item and after obtaining approval from the manufacturer or seller of such product for the return. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. If you have any questions on how to return your item to us, email us at firstname.lastname@example.org. Foodsterr does not take title to returned items until we receive it.
9 PRODUCT DESCRIPTIONS
Foodsterr sells products of third parties and we rely on product descriptions provided by such third parties. Foodsterr does not warrant that product descriptions or other content of any Foodsterr Service is accurate, complete, reliable, current, or error-free, as If a product offered by Foodsterr itself is not as described, your sole remedy is to return it in unused condition in accordance with the provisions of Section 8 above.
Except where noted otherwise, the price displayed for products on any of the Services represents the full retail price listed for the product itself. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Foodsterr is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. In addition to the price for the Services, you shall pay all applicable fees, duties, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on your invoice.
11 APP PERMISSIONS
When you use apps created by Foodsterr, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
12 OTHER BUSINESSES
Foodsterr sells products of third party manufacturers and sellers. Parties other than Foodsterr may operate stores, provide services, or sell product lines through the Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings or products of, any of these third parties, businesses or individuals or the content of their Web sites. Foodsterr does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
13 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
13.1 THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY FOODSTERR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FOODSTERR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
13.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOODSTERR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOODSTERR DOES NOT WARRANT THAT THE FOODSTERR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, FOODSTERR'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FOODSTERR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOODSTERR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
16 APPLICABLE LAW
17 ELECTRONIC COMMUNICATIONS
When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18 MODIFICATION, SEVERABILITY AND WAIVER
Last Updated on 5 April 2016
1. Your Personal Data that Foodsterr collects
1.1 “Personal Data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which Foodsterr has or is likely to have access. This includes unique identifiers (e.g. NRIC number, passport number); photographs or video images of an individual (e.g. CCTV images); as well as any set of data (e.g. name, age, address, telephone number, occupation, etc), which when taken together would be able to identify the individual.
1.2 Foodsterr receives and stores any information that you enter on our Website or give us in any other way. When you use the Website, or the App, or the Services, or communicate with us through other platforms or channels (such as email and telephone), you may provide Foodsterr with your Personal Data. Additionally, when you access the Website or the App, your web browser, computer, mobile or tablet device may automatically send us your Personal Data.
1.3 By voluntarily providing your Personal Data to Foodsterr as described in this Policy, you hereby acknowledge that you have read this Policy and that you consent to Foodsterr’s collection, use, disclosure and/or processing of your Personal Data in accordance with this Policy. If you do not consent to the terms of this Policy, please do not provide your Personal Data to Foodsterr or withdraw your consent to Foodsterr’s collection, use, disclosure and/or processing of your Personal Data in accordance with Section 5.1 of this Policy.
1.4 Foodsterr does not sell products for purchase by anyone below the age of 21. If you are under 21, you may use Foodsterr.com only with the involvement of a parent or guardian.
2. Purposes for collection, use, disclosure and processing of Personal Data
2.1 Foodsterr collects, uses, discloses and processes your Personal Data for various purposes, including the following (collectively, the “Purposes”):
a) fulfilment of your orders for products and services from us, including verification of your personal particulars, processing your payment, delivering your products, updating you on the status of your orders and deliveries, and responding to your queries, requests and complaints;
b) conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our products and services for your benefit
c) notifying you of promotions, marketing activities, events, new products and services, which may be of interest to you;
d) notifying you of updates to any of our policies or terms and conditions;
e) customizing your online experience according to your chosen interests and preferences and enhancing your current and future experiences when visiting the Website, the App or our stores (if any);
f) storing, hosting or backing up (whether for disaster recovery or otherwise) of your Personal Data, whether within or outside Singapore;
g) reducing our credit risk, detecting and protecting us against error, fraud and other criminal activity;
h) complying with the law or any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. This means that we may/will disclosure your Personal Data to the aforementioned parties upon their request or direction.
i) enforcing our legal rights and remedies; and
j) for such other purposes not listed above but notified to you on or before collection or use of the Personal Data with your consent, unless collection and processing of your Personal Data without your consent is permitted by law.
3. Disclosure to third parties
3.1 In order to conduct our business operations more smoothly and to serve you better, Foodsterr may also be disclosing your Personal Data to our third party service providers, partners, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Singapore or outside of Singapore, for one or more of the above-stated Purposes. Such third party service providers, partners, agents and/or affiliates or related corporations and/or other third parties would be processing your Personal Data either on our behalf or otherwise, for one or more of the above-stated Purposes.
3.2 By voluntarily providing your Personal Data to Foodsterr as described in this Policy, you agree that we may transfer your Personal Data to third party service providers, partners, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Singapore or outside of Singapore, as long as the Personal Data is handled in accordance with this Policy and all applicable laws. Foodsterr will employ best efforts to require such third parties to protect your Personal Data in the same manner as afforded under this Policy and the PDPA.
3.3 Please note that we may disclose your Personal Data to third parties without first obtaining your consent in certain situations. For more information on the exceptions, you are encouraged to peruse the Second, Third and Fourth Schedules of the PDPA which is publicly available at http://statutes.agc.gov.sg.
4. Management of your Personal Data
4.1 Foodsterr understands the importance of keeping your Personal Data private and secure. We therefore take appropriate technical and organizational measures to prevent unauthorized or unlawful access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration to your Personal Data. Despite our best efforts, however, no security measures are impenetrable. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of your Personal Data. Foodsterr does not warrant or guarantee in any way that your Personal Data will always remain private and/or safe. Foodsterr hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any unauthorized or unlawful access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration to to any Personal Data held or maintained by us, except that directly attributable to our negligence.
4.2 As you are the controller of your account, we ask that you take steps to protect against unauthorised access or use of your account by safeguarding your password and access to your account at all times. We cannot assume responsibility for any unauthorised use of your Personal Data due to your failure to safeguard access to your account or by third parties which are wholly attributable to factors beyond our control. You are responsible for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorised password use.
4.3 We will take reasonable efforts to ensure that your Personal Data is accurate and complete, if your Personal Data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, as you are the controller of your Personal Data, you must update us of any changes in your Personal Data that you had initially provided to us. We will not be responsible for relying on inaccurate or incomplete Personal Data arising from your failure to update us of any changes in your Personal Data that you had initially provided to us.
4.4 Your Personal Data in our possession will be destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any other legal or business purposes. When you update information, or delete your account, we may maintain a copy of the unrevised information, or may use any aggregated data derived from or incorporating your Personal Data after you delete your account, but not in a manner that would identify you personally unless permitted by law.
4.5 Where your Personal Data is to be transferred out of Singapore, we will comply with the PDPA in doing so. In this regard, this includes us obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate steps to ascertain that the foreign recipient organisation of the Personal Data is bound by legally enforceable obligations to provide to the transferred Personal Data a standard of protection that is at least comparable to the protection under the Act.
4.6 In order to improve our products and services, we collect data by way of “cookies”. Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Website or the App or use of the Services. This information allows us to better administer the Website and the App, and provide a more tailored and user-friendly service to users of the Website and the App. Cookies also enable you to use or access certain features or services of the Website or the App, including the shopping cart and check-out features. For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers. Cookies are small data files that are sent to your browser from the Website or the App and are stored on your computer’s or device’s hard drive. Each time you visit the Website or the App from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Website or recognize your computer or device as having previously visited the Website or the App and thereby increase the functionality of the Website or the App on your computer or device. Our cookies cannot be used to get data from your hard drive, to get your email address or any other Personal Data. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit the Website or the App.
4.7 Foodsterr may provide links to other Websites ("Linked Websites") that may be of relevance and interest to you. Foodsterr has no control over, and are not responsible for the privacy practices or the content of such Linked Websites, and you hereby waive any claim against us with respect to the Linked Websites.
5. Questions, Complaints, Correction of Personal Data or Withdrawal of Consent
5.1 If you, at any time, wish to send us any queries on this policy or on how we collect, use, disclose, manage, protect and/or process your Personal Data; wish to withdraw your consent for us to collect, use and/or disclose your Personal Data; wish to exercise your statutory rights under the PDPA in relation to access or correction of your Personal Data in our control or possession; wish to lodge a complaint or grievance regarding how we are handling your Personal Data or how we are complying with the PDPA or wish to request deletion of your account, please do not hesitate to contact our Data Protection Officer (the “DPO”) at: mail us at 4 Leng Kee Road, #04-07 SIS Building, Singapore 159088; Email us at email@example.com; call us at +65-69694592 (weekdays from 9am to 6pm). Please attention all communications to the “Data Protection Officer”.
5.2 Please provide your name, contact number, email address and all relevant details along with your question or concern, so that we can review and respond to your question or concern in an efficient and effective manner. Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header of the nature and purpose of your communication will assist us in attending to your query speedily by passing it on to the relevant staff in our organisation to handle. We will certainly strive to deal with any queries or complaint that you may have speedily and fairly.
6. Governing law
This Policy is governed by and shall be construed in accordance with Singapore law without giving effect to any principles of conflicts of law. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.
7. Updates on Data Protection Policy
Foodsterr will review this Data Protection Policy from time to time in order to ensure that we properly manage, protect and process your Personal Data. We reserve the right to amend the terms of this Data Protection Policy at our absolute discretion. Any amended Data Protection Policy will be posted on the Website.
Last Updated on 28 March 2016