Bring home the BEST Singapore food souvenir brands today.

Bring home the BEST Singapore food souvenir brands today.

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Terms of Service

Welcome to Simply Local! Simply Local is a platform which allows you to purchase food souvenirs and other items (“Goods”) from local partners that we have sourced (“Partners”), which will then be delivered to you. Your use of the Simply Local platform and the services we provide in connection with the Simply Local platform (collectively, “our Platform”) are governed by these Terms of Service (the “Terms”). Please read through these Terms carefully before using our Platform.

 

1. GENERAL

1.1 By using our Platform, you agree to be bound by these Terms. You also agree to be bound by any additional terms and conditions that are referenced herein or that otherwise may apply to the use of our Platform.

1.2 The web is an evolving medium. We reserve the right to change or modify these Terms from time to time. If any changes or modifications are made, we will publish the revised Terms here with the date of the last revision duly recorded. You agree to review the revised Terms so that you are aware of any changes or modifications. By continuing to use our Platform following the date of the latest revision, you agree to be bound by the revised Terms.

1.3 You must satisfy the following conditions to use and make purchases on our Platform and/or to register for a customer account (“Account”) with us:

 (a) if you are using our Platform on behalf of another party, you must have authority to bind such party and accept these Terms on their behalf; and

 (b)  if you are an individual using our Platform for your own purposes, you must be at least 18 years of age and capable under applicable law to accept these Terms.

1.4 If you are registering for an Account, you will be asked to provide us with certain information, including your name and contact particulars. Upon successful registration, we will provide you with an Account, accessible to you with a password of your choice. By registering for an Account, you agree as follows:

 (a) You must not transfer or share your Account or password with anyone, or create more than one Account for yourself. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. You must not at any time share the use of your Account with anyone.

 (b) You represent, warrant and undertake that all information which you provide in connection with your Account is truthful, accurate, up-to-date and complete. Please note that your failure to maintain accurate, up-to-date and complete information may result in:

i. your inability to obtain certain services and/or Goods;

ii. your inability to access and/or use your Account; and/or

iii. the suspension or termination of your Account.

1.5 Our Platform and its functionalities are for your personal, non-commercial use. In using our Platform, you shall not:

(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party our Platform in any way;

(b) modify, edit, copy, reproduce, create, attempt derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon our Platform;

(c) reverse engineer or access our Platform in order to (i) design or build a competitive product or service, (ii) design or build a product using similar ideas, features, functions or graphics of our Platform, or (iii) copy any ideas, features, functions or graphics of our Platform;

(d) rent, lease, loan, resell, sublicense, distribute or otherwise transfer our Platform to any third-party or use our Platform to provide time sharing or similar services for any third-party;

(e) delete, alter or obscure the copyright and other proprietary rights notices on our Platform;

(f) violate any applicable laws, rules or regulations in connection with your access or use of our Platform;

(g) cause nuisance, annoyance, inconvenience or property damage to our Partners or any other party;

(h) use our Platform for any purpose for which it was not designed or intended;

(i) launch an automated program or script or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of our Platform; or

(j) authorize or encourage any third party to do any of the foregoing.

 

2. PURCHASING ON OUR PLATFORM

 

2.1 [Geo-Location Terms. We make use of certain functionalities provided by third-parties to include maps, geo-coding, places and other content from Google, Inc. (“Google”) as part of our Platform (the “Geo-Location Services”). To use the Geo-Location Services, you must allow our Platform to use the Global Positioning System receiver installed on your computer or mobile device to detect your location. Your use of the Geo-Location Services is subject to Google’s prevailing Google Maps Terms of Use (http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s prevailing privacy policy (http://www.google.com/privacy.html).]

2.2 Text Messaging. You agree that we may send you information text messages as part of the normal business operation of your use of our Platform and for delivery of your Orders (as defined below).

2.3 Placement of an Order.

(a) You must be signed into your Account or as a guest to place orders on our Platform for Goods (each an “Order”).

(b) You may select Goods by navigating to the relevant item description page of our Platform containing detailed information relating to the Goods (“Item Description Page”) and clicking ‘Add to Cart’. At the time of placing your Order, you will be asked to provide certain information (e.g. number of gift bags required, special delivery instructions) and to select your preferred delivery date and time (“Delivery Time”). If you would like us to deliver your Order to a hotel concierge or other third party authorised to receive the Order on your behalf, you must select the [“Deliver to hotel concierge / authorised third party”] option and provide us with instructions for delivery. You agree to provide full and accurate information. You acknowledge that our ability to deliver an Order which meets your requirements is heavily dependent on the information you provide.

(c) All Orders must be made at least 48 hours before your preferred Delivery Time. Please note that delivery of Orders is currently only available on the mainland of Singapore.

(d) Orders may be made by proceeding to ‘Checkout’ and making the necessary payment for the Order. All payments for Orders will be in accordance with paragraph 3 (Charges and Payments).

(e) Your Order is deemed confirmed when we send an email to you acknowledging your Order and the payment which has been made (“Acknowledgement”). If your Order is rejected, we will notify you accordingly and shall ensure that a refund is paid to you. 

(f) Any modifications of your Order must be made at least 48 hours before the Delivery Time.

(g) You acknowledge that due to the nature of the nature of our services and the Goods: (i) cancellations will not be accepted once your Order has been placed; and (ii) certain modifications may not be accepted at short notice.

(h) Prices and availability of Goods are subject to change at any time and without notice. You will always be charged the price which is displayed on the Item Description Page at the time the Order is placed.

(i) We have the sole discretion to place a limit on the quantities of any Goods that may be purchased on our Platform. Such limits may be imposed on each Order, Account, or any other form of identification, as the case may be. Notwithstanding the foregoing, all Orders made by you are subject to availability of Goods. 

(j) We may refuse or reject any Order at any time for any reason, including (i) non-compliance by you of any terms and conditions specified at the time of the Order, (ii) inability to process payment for the Goods for any reason, or (iii) unavailability of any ordered Goods.

2.4 Delivery of Order.

(a) We will endeavour to deliver the Order in accordance with your delivery instructions and by the Delivery Time. However, factors beyond our control, such as bad weather or poor traffic conditions, may cause delays.

(b) If the delivery of your Order is unsuccessful for any reason and you did not provide alternative delivery instructions at the time of placing your Order, we will provide you with a delivery advice via [email / text message] with instructions on how to arrange redelivery or collection. Please note that you will be charged for redelivery of Orders.

2.5 Reviews. Our Platform allows you to post reviews of your experience with us and your purchases from with our Partners. We do not monitor such reviews, and you have full responsibility for those which you post to our Platform, including their legality and appropriateness. We reserve the right to remove any review at our discretion and without notice. By posting a review on our Platform, you agree that such review may be freely used, reproduced, modified, adapted, published, translated, displayed, copied and distributed, throughout the world in any medium or form by others (including us) without your permission.

2.6 You acknowledge and accept that our Platform is a platform for access to the Goods of our Partners . You understand that we do not manufacture or produce any of the Goods sold through our Platform. As such, we cannot and do not make any express or implied warranties about the quality, safety, legality or suitability (for a particular purpose) of the Goods. However, we seek to provide the best experience for you and we will be the first point of contact in the event of any problem with the Goods you have received.

 

3. CHARGES AND PAYMENTS

 

3.1 All charges on our Platform (“Charges”) are in Singapore Dollars and exclude goods and services tax (“GST”) unless otherwise stated. The Charges of our Partners may vary depending on factors such as the availability of Goods.

3.2 The use of our Platform will result in Charges to you for the Goods you have chosen to purchase and for our services to provide and deliver the Order to you. Payment of these Charges must be made through one of the payment methods available on our Platform. In this respect, to place an order on our Platform, you:

(a) agree to pay all Charges together with any GST at the time of placing the Order. If you are making payment to us in a currency other than Singapore Dollars and a conversion is required, the foreign exchange rate of the Payment Processors (see paragraph 3.3 below) will be applied; and

(b) must notify us within 72 hours if you do not agree with any amounts which we have invoiced to you. If you do not notify us by such time, you will be deemed to have accepted our invoice, and any amounts which you have paid will be non-refundable.

3.3 We use third-party payment processors (the “Payment Processors”) to facilitate payment services on our Platform. The processing of payments will be subject to the terms and conditions and privacy policies of the Payment Processor in addition to these Terms. While we will use all reasonable endeavours to secure the transmission of information to the Payment Processors, we are not responsible for any errors by the Payment Processor.

 

4. PRIVACY POLICY

 

Our Privacy Policy, which can be found at www.thesimplylocal.com/privacy-policy, forms part of these Terms and explains how we treat personal information which you supply in the use of our Platform. By using our Platform, you agree that we may use such personal information in accordance with our Privacy Policy.

 

5. INTELLECTUAL PROPERTY

 

5.1 You acknowledge and agree that our Platform and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Simply Local and our licensors. Furthermore, you acknowledge and agree that the source and object code of our Platform and the format, directories, queries, algorithms, structure and organization of our Platform are the intellectual property and proprietary and confidential information of Simply Local and our affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to our Platform not expressly granted in these Terms and such rights are hereby reserved and retained by us.

5.2 Our Platform may utilize or include third party content and software (“Third Party Content”) that is subject to open source and third party terms of service. You acknowledge and agree that your right to use such Third Party Content as part of our Platform is subject to and governed by the terms and conditions of the open source and third party terms of service applicable to such Third Party Content, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party terms of service, the terms of the open source or third party terms of service shall prevail with regard to your use of the relevant Third Party Content. In no event shall our Platform or components thereof be deemed to be open source or publicly available software.

5.3 You shall not use any of the trademarks on our Platform in any advertising, publicity or in any other commercial manner without our prior written consent, which may be withheld for any or no reason.

 

6. DISCLAIMER

 

6.1 We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, the accuracy of our Platform. Our Platform and any information contained in or provided through our Platform are provided on an “as is” and “as available” basis.

6.2 We do not represent or warrant that:

(a) the use of our Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b) our Platform will meet your requirements or expectations;

(c) the quality of information or other materials obtained by you through our Platform will meet your requirements or expectations;

(d) any stored data will be accurate or reliable;

(e) errors or defects in our Platform will be corrected; or

(f) our Platform or our servers are free of viruses or other harmful components.

6.3 All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.

6.4 Your use of and reliance upon our Platform and any information contained in or provided through our Platform is at your sole risk and discretion.

6.5 Our Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

 

7. LIMITATION OF LIABILITY

 

10.1 To the fullest extent permissible under applicable law, in no event shall we be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with your use of our Platform, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.

10.2 Without limiting the generality of the foregoing, the maximum liability of Simply Local for all claims of every kind arising out of this Agreement will not exceed SGD 1.00.

 

8. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Simply Local, its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with:

(a) your access and use of our Platform;

(b) your use of your Account other than in accordance with these Terms;

(c) your purchase of the Goods;

(d) your dealings with our Partners;

(e) your breach of these Terms; 

(f) your violation of any applicable law;

(g) your negligence or willful misconduct; or

(h) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.

 

9. MODIFICATIONS TO, OR DISCONTINUATION OF, OUR PLATFORM

 

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently our Platform or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of our Platform or any portion thereof.

 

10. SUSPENSION AND TERMINATION

 

10.1 We reserve the right, at our sole discretion and without liability to:

(a) suspend or terminate your Account and/or your access or use of our Platform at any time for any reason with or without notice; and/or

(b) change, modify, suspend or discontinue, whether temporarily or permanently, all or part our Platform, or generally cease offering or deny access to our Platform or any part thereof, at any time for any reason with or without notice.

10.2 The suspension or termination of your Account or our Platform shall be without prejudice to any other rights or remedies which either of us may be entitled to hereunder or at law.

 

11. MISCELLANEOUS

 

11.1 No relationship of agency, partnership, joint venture, employee-employer or franchisor-franchisee is intended or created by these Terms.

11.2 These Terms constitutes the entire agreement between Simply Local and you and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral.

11.3 This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries.

11.4 If any of these Terms is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.

11.5 The failure to exercise a right or require performance of an obligation in these Terms shall not affect our ability to exercise such right or require such performance at any time thereafter. A waiver by us of a breach of these Terms shall not constitute a waiver of any subsequent breach. 

11.6 You shall not transfer, assign or delegate any of your rights or obligations in these Terms without our prior written consent. You agree that we may transfer, assign and/or delegate any or all of our rights and obligations in these Terms without consent to any affiliate or to an acquirer of all or substantially all of our business, equity or assets.

 

12. GOVERNING LAW AND JURISDICTION

 

These Terms are governed by Singapore law and you agree that the court of Singapore shall have non-exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms.

 

Last updated on 3 August 2018