Terms & Conditions
Terms and Conditions
1. Please read these Terms and Conditions (https://www.dabbawalla.sg/terms-and-conditions/)
carefully (including our Security & Privacy Policy
https://www.dabbawalla.sg /privacy-policy/ before using our website
https://www.dabbawalla.sg (“Site”) and/or our Services (defined below), so that
you are aware of your legal rights and obligations with respect to Dhabbawalla
(“Dabbawalla ”, “DABBAWALLA”, “we”, “our” or “us”).
2. By accessing this Site and/or using the Services, you hereby agree:
2.1. That you have read and agree to be legally bound by these Terms and Conditions (including our Security & Privacy Policy https://www.dabbawalla.sg/privacy-policy-2/; and
2.2. that you are the user of the Site and/or Services and are 18 years or
above.
Alcohol listings on the Site or Services are intended for those who are 18
years
or above and may only be purchased by those who are 18 years and above.
2.3. If you are below 18 years old: you must obtain consent from your parent(s)
or
legal guardian(s), their acceptance of these Terms and Conditions and their
agreement to take responsibility for: (i) your actions; (ii) any charges
associated
with your use of any of the Services or the Site; and (iii) your acceptance and
compliance with these Terms and Conditions. If you do not have consent from
your parent(s) or legal guardian(s), you must stop using/accessing this
Site and using the Services.
3. If you do not accept these Terms and Conditions, please leave the Site
and/or
discontinue use of the Services immediately.
4. Access to and use of password protected and/or secure areas of the Site
and/or use
of the Services are restricted to Customers with Accounts (defined below) only.
You
may not obtain or attempt to obtain unauthorized access to such parts of this
Site
and/or Services, or to any other protected information, through any means not
intentionally made available by us for your specific use. A breach of this
provision
may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
5. Dabbawalla may at any time vary or amend these Terms and Conditions
by posting the amended Terms and Conditions on the Site. Any use of the Site or
Services after the amendment of these Terms and Conditions is deemed acceptance
of the amended Terms and Conditions by you. If you do not agree to the amended
Terms and Conditions, you have the right to stop using the Site and/or
Services.
Site and Services
1. The Site is owned and maintained by Dabbawalla .
2. Dabbawalla operates an online
e-commerce store through the Site, which offers one or more of the following
features and services (each a “Service” and collectively the “Services”),
mainly for the browsing and purchasing of products and operates and offers
scheduling of third party seller (Marketplace), logistics provider,
courier, or vehicle through the use of Site:
2.1. access to a collection of information, products, services, data, text,
listings,
pricing, graphics, images, videos, audio files and other types of works;
2.2. search engines or tools;
2.3. blogs, message boards, communication tools;
2.4. email or message alerts; and
2.5. Any other services, features, content or applications that Dabbawalla
may offer through the Site from time to time in our sole and absolute
discretion.
3. Dabbawalla reserves the right to change, modify, suspend or discontinue
the whole or any portion of the Services, Site at any time. We may also impose
limits
on certain features or restrict your access to parts or the entire Services or
Site
without notice or liability.
License
1. Dabbawalla hereby grants you a
personal, non-exclusive and nontransferable
license to use the Site, and access and use the Services available via the
Site, subject to the terms set out in these Terms and Conditions.
2. You agree not to reproduce, copy, modify, adapt, translate, publish,
display,
communicate, transmit, broadcast, distribute, sell, trade, exploit or use for
any
commercial or other purposes, any portion of, or any access to:
2.1. any Service;
2.2. the Site;
2.3. any materials, information, news, advertisements, listings, pricing, data,
input,
text, songs, audio, video, pictures, graphics, software, blogs, forums, message
boards, broadcasts, comments, suggestions, ideas and other content, that is
made available on or via the Site or Services (collectively, “Content”),
except, to
the extent permitted, with the prior written consent of Dabbawalla or unless expressly permitted in these Terms
and Conditions.
3. Without prejudice to the generality of Clause 2, you agree not to reproduce,
display
or otherwise provide access to the Content, for example through framing,
mirroring,
linking, spidering, scraping or any other technological means (including any
technology available in the future), without the prior written permission of Dabbawalla
4. The Content are the copyrighted
work of Dabbawalla or our content or
software providers, and Dabbawalla reserves and retains all rights in the
Content.
5. You may not decompile, reverse engineer or otherwise attempt to discover the
source code of any Content, except under the specific circumstances expressly
permitted by law or Dabbawalla in
writing.
6. You may not hack into, interfere with, disrupt, disable, over-burden or
otherwise
impair the proper working of the Content or our servers, which shall include
but is not
limited to denial-of-service attacks, spoof attacks, session hacking,
tampering,
spamming, reverse engineering or reprogramming.
7. You agree to comply with any and all the guidelines, notices, operating
rules and
policies and instructions pertaining to the use of the Services and/or access
to the
Site, as well as any amendments to the aforementioned, issued by us, from time
to
time. We reserve 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 Site.
8. Restricted activities: You agree and undertake NOT to:
8.1. Impersonate any person or entity or to falsely state or otherwise
misrepresent
your affiliation with any person or entity;
8.2. use the Site or Services for illegal purposes;
8.3. attempt to gain unauthorized access to or otherwise interfere or disrupt
other
computer systems or networks connected to the Site or Services;
8.4. post, promote or transmit through the Site or Services any Prohibited
Materials.
For the avoidance of doubt, “Prohibited Material” means any information,
graphics, photographs, data and/or any other material that:
8.4.1. contains any computer virus or other invasive or damaging code, program
or macro;
8.4.2. Infringes any third-party Intellectual Property or any other proprietary
rights;
8.4.3. Is defamatory, libelous or threatening;
8.4.4. Is obscene, pornographic, indecent, counterfeited, fraudulent, stolen,
harmful or otherwise illegal under the applicable law (including without
limitation the provisions of the Singapore Broadcasting Authority (Class
License) Notification 1996); and/or
8.4.5. is or may be construed as offensive and/or otherwise objectionable, in
our
sole opinion.
8.5. interfere with another’s utilization and enjoyment of the Site or
Services;
8.6. 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 Site’s data or
damage or interfere with the operation of another Customer’s computer or
mobile device or the Site or Services; and
8.7. use the Site or Services other than in conformance with the acceptable use
policies of any connected computer networks, any applicable Internet standards
and any other applicable laws.
9. Availability of Site and Services: We may, from time to time and without
giving any
reason or prior notice, upgrade, modify, suspend or discontinue the provision
of or
remove, whether in whole or in part, the Site or any Services and shall not be
liable if
any such upgrade, modification, suspension or removal prevents you from
accessing
the Site or any part of the Services.
10. Right, but not obligation, to monitor content: We reserve the right, but
shall not be
obliged to:
10.1. monitor, screen or otherwise control any activity, content or material on
the Site
and/or through the Services. We may in our sole and absolute discretion,
investigate any violation of the terms and conditions contained herein and may
take any action it deems appropriate;
10.2. prevent or restrict access of any Customer to the Site and/or the
Services;
10.3. 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
10.4. to request any information and data from you in connection with your use
of the
Services and/or access of the Site 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.
11. Additional terms: In addition to these Terms and Conditions, the use of
specific
aspects of the Content and Services, more comprehensive or updated versions of
the Content offered by us or our designated sub-contractors, may be subject to
additional terms and conditions, which will apply in full force and effect.
12. Restrictions: Use of the Services is limited to authorize Customers that
are of legal
age and who have the legal capacity to enter into and form contracts under any
applicable law. 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 of the Services may not use the Services
even if they satisfy the requirements of this Clause.
13. General Terms and Conditions:
You agree:
13.1. to access and/or use the Services only for lawful purposes and in a
lawful
manner at all times and further agree to conduct any activity relating to the
Services in good faith; and
13.2. to ensure that any information or data you post or cause to appear on the
Site
in connection with the Services is accurate and agree to take sole
responsibility for such information and data.
Account Information
1. To access certain parts of the Content, you will be required to sign-up for
an account
with Dabbawalla (“Account”) and select a
user name ("User Name") and
password ("Password").
2. You are solely responsible for safeguarding and maintaining the confidentiality
of
your User Name and Password.
3. User Name/Password: Certain Services that may be made available on the Site
may
require creation of an Account with us or for you to provide Personal Data. If
you
request to create an Account with us, a User Name and Password may either be:
(i)
determined and issued to you by us; or (ii) provided by you and accepted by us
in
our sole and absolute discretion in connection with the use of the Services
and/or
access to the relevant Site.
4. For the avoidance of doubt, “Personal Data” shall refer to data, whether
true or not,
that can be used to identify, contact or locate you. Personal Data shall
include the
following: -
4.1. Name
4.2. NRIC Number/Passport Number
4.3. Address
4.4. Date of Birth
4.5. Email
4.6. Contact Number
4.7. Country of Residence
4.8. Preferred User Name
4.9. Bank Name
4.10. Bank Account Number
5. “Personal Data” shall also 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.
6. We may at any time in our sole and absolute discretion, request that you
update your
Personal Data or forthwith invalidate the User Name 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.
7. You hereby agree to change your Password from time to time and to keep the
User
Name and Password confidential and shall be responsible for the security of
your
Account and liable for any disclosure or use (whether such use is authorized or
not)
of the User Name and/or Password.
8. You are to notify us immediately if you have knowledge that or have reason
for
suspecting that the confidentiality of the User Name and/or Password has been
compromised or if there has been any unauthorized use of the User Name and/or
Password or if your Personal Data requires updating.
9. Purported use/access: You agree and acknowledge that any use of the Services
and/or any access to the Site and any information, data or communications
referable
to your User Name and Password shall be deemed to be, as the case may be:
9.1. access to the relevant Site and/or use of the Services by you; or
9.2. information, data or communications posted, transmitted and validly issued
by
you.
10. You agree to be bound by any access of the Site and/or use of any Services
(whether such access or use are authorized 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.
11. 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 any Services
and/or or access to the Site referable to your User Name and Password
.
12. You agree not to:
12.1. share or permit others to use your Account or Password; or
12.2. assign or transfer your Account to any other person or entity.
13. You shall be bound by and responsible for all communications and online
activity
transmitted or conducted through the use of your Account. Dabbawalla
shall have no responsibility or liability for any loss, damage, cost, expenses,
or
liabilities arising as a result of or in connection with the wrongful or
fraudulent use of
your Account. If you are aware of any actual or suspected unauthorised use(s)
of
your Account, or loss, theft, or unauthorised disclosure of your Password,
please
promptly notify us at https://order.dabbawalla.sg/contact/. You may not
authorize others to use your Account, and you may not assign or otherwise
transfer
your Account to any other person or entity.
14. Multiple Account(s) registering the same delivery address may be permitted
at our
sole discretion.
15. Please provide accurate, complete, and up-to-date information required for
your
Account. You may at any time change or update your Account information in your
Account directly.
16. Where a delivery address is associated with multiple Account(s) without our
written
authorization, or fraudulent or wrongful use of an Account is detected or
suspected,
we reserve the right at our sole discretion and without liability, and without
prejudice
to our other rights and remedies under this Agreement or at law, to
immediately:
16.1. cancel any orders placed through such Account(s);
16.2. cancel or invalidate any credits or discount vouchers, coupons or codes
awarded to or used by such Account(s) and charge full price for items
purchased;
16.3. prohibit such Account(s) or persons from participating in any promotions,
contests or surveys of Dabbawalla ; and/or
16.4. merge, suspend and/or terminate Account(s).
Orders, Pricing & Payments:
1. At present, Dabbawalla delivers to most areas in mainland Singapore,
but not certain areas. To find out if, Dabbawalla delivers to your area, you
may also contact us either at +65 6235 6134 or at https://dabbawalla.sg/contact/
to check on our delivery coverage.
Dabbawalla, will only process and accept orders within our delivery coverage.
2. Orders
2.1. 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 British Indian
Curry
Hut. Processing of payment for an order shall not in itself constitute
acceptance
of the order by Dabbawalla , provided that where an order for any
product(s) is rejected or cancelled by Dabbawalla , any payment
made for such order shall be reversed or refunded by Dabbawalla in
accordance with our prevailing refund policy at such time.
2.2. All orders made by you are subject to stock availability. Dabbawalla
reserves the right to cancel, amend or reject your order in whole or in part,
at any
time and without liability or compensation, where any product is out of stock,
damaged or spoilt, or unavailable for any other reason. Dabbawalla
reserves the right to limit your order or the quantity of a particular product
you
may order.
3. Product Information, Pricing and Payment
3.1. Dabbawalla, Endeavour’s to provide you with accurate and up-to-date
pricing, product and promotional information. However, errors may sometimes
occur and we do not guarantee that the pricing, images, or other product or
promotional information provided will be accurate, reliable, current,
error-free,
updated, or complete. You agree that Dabbawalla shall not be liable
for any errors in the pricing and product or promotional information listed on
our
Content.
3.2. The price to be paid by you shall be based on our prevailing selling price
at the
time we receive your order, which may or may not be correctly reflected on the
Content. If a product offered by Dabbawalla itself is not as described,
your sole remedy is to return it in unused condition.
3.3. If the actual price of any item ordered by you is higher than that
reflected on the
Content, we will inform you and you will be given an option to confirm or
cancel
your purchase of such item based on the correct price. By confirming your
purchase, you authorize us to charge the additional amounts to you.
3.4. If you elect to cancel the purchase, we will reverse or refund payment for
such
item in accordance with our prevailing refund policy at such time. If we are
unable to contact you, we will treat your order in respect of the incorrectly
priced
item as cancelled.
3.5. Where the actual price of any product is dependent on its weight (“Weighed
Item”), we will provide an estimate of the price based on indicated weight and
our current prevailing rates at the time of checkout. The actual weight and
related price of the Weighed Item will be made known to you at the time of
delivery and:
3.5.1. in the event of any shortfall in payment, we reserve the right to charge
you
for the additional amounts; and
3.5.2. in the event of any overpayment, we will reverse or refund the excess
amounts paid for such item in accordance with our prevailing refund policy at
the time of delivery.
3.6. All product prices are shown in Singapore dollars and are inclusive of
Goods and
Services Tax. Prices of products may change from time to time and any
promotional discounts or offers may also be withdrawn at any time without notice.
3.7. Payment for all orders shall be made in Singapore dollars or fiat
currencies in
our sole and absolute discretion.
3.8. We accept payment for orders by MasterCard, Visa and PayPal only. Kindly
note
that PayPal currently accepts MasterCard, Visa, American Express and Discover
cards, and the credit/debit cards and payment methods accepted by PayPal is
subject to change. Dabbawalla is unable
to accept paper checks,
food stamps, or third-party coupons.
3.9. By placing your order, you authorise us to transmit information or to
obtain
information about you from third parties from time to time and this may include
verification checks involving your debit or credit card number or credit
reports in
order to authenticate your identity, to validate your credit card, to obtain an
initial
credit card authorisation, to protect you and us from fraud, and to enable us
to
arrange delivery of your order to your nominated delivery address.
3.10. Dabbawalla will not process orders
that attempt to use an incorrect,
expired, or over-the-limit credit card. We will make our best efforts to
contact
you if this occurs. However, in the event such an order is processed, British
Indian Curry Hut reserves the right to collect funds for any uncollected
transactions owed to it.
3.11. Dabbawalla may charge a fee of S$5
per order should a payment
made via credit card be declined resulting in the need for alternate payment or
exception processing.
3.12. If you fail to pay any fees or charges when due or if a redelivery or
restocking
fee is imposed, Dabbawalla may charge
such amount directly to the
credit card identified in your Account Information and Dabbawalla
may suspend or terminate your access to Dabbawalla services. You
shall be responsible and liable for any fees, including attorneys’ fees and
collection costs, that Dabbawalla may
incur in its efforts to collect
any unpaid balances from you.
3.13. Your right to use the Dabbawalla services is subject to limits
established by Dabbawalla and/or by your
credit card issuer.
Promotions, Voucher Codes and other Privileges and Programmes
1. From time to time Dabbawalla may run
promotions, contests, surveys,
privileges and other programmes, subject to additional terms and conditions,
which can be found on the Site and are hereby incorporated by reference into
these Terms and Conditions.
2. Promotions, contests, privileges, and programmes are only valid for the time
period specified by Dabbawalla and while
stocks last basis. No
compensation or cash will be offered in the event that a promotion is no longer
in
stock.
3. The following terms shall apply to the use of credits, vouchers, coupons and
codes (“Voucher Codes”):
a. Each Voucher Code is only eligible for a single use and is only valid for
the
time period specified by Dabbawalla .
b. Voucher Codes may only be redeemed by purchasing certain products from
Dabbawalla during the applicable
validity period. Unless
otherwise stated, Voucher Codes do not apply to the following:
i. baby formula and milk products;
ii. over the counter (OTC) medicine; and
iii. delivery charges.
4. Use of any Voucher Code must be indicated at the time of Shoppoing Cart, and
all information required by Dabbawalla must be provided. No
retroactive use of the Voucher Code is permitted.
5. Voucher Codes cannot be used in conjunction with any other promotion,
voucher,
coupon, code or offer, including but not limited to discounted sale items,
unless
otherwise stated.
6. A minimum spend may be required before use of the Voucher Code is permitted.
7. Voucher Codes cannot be refunded, redeemed or exchanged for cash.
8. Resale, transfer and sharing of Voucher Codes are strictly prohibited. In
spite of
the above, gift vouchers, if offered by Dabbawalla, may be purchased
by you and given to others.
9. No reproduction, alteration, adaptation, tampering, distribution,
publication,
broadcast or other communication or dissemination of Voucher Codes is allowed.
10. Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated,
tampered with or otherwise misappropriated or fraudulently used.
11. Dabbawalla reserves 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.
12. Dabbawalla reserves 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 the Site.
13. Where any free gift is offered as part of a promotion, the free gift is
offered on a
“first come first serve” basis and while stocks last basis. No cash or credit
will be
offered in lieu of the gift.
14. Where you are permitted to return any product to Dabbawalla 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 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,
Dabbawalla may charge the delivery fee
and/or the full value of the
order without the promotion.
15. Dabbawalla's decision on all matters relating to promotions,
discounts, Voucher Codes and other privileges is final and binding.
16. Dabbawalla reserves the right to discontinue any promotion, discount,
Voucher Code programme, contest, privileges or programme at any time without
notice or liability.
Deliveries/Returns/Refunds
1. Deliveries
1.1. Delivery slots are subject to availability.
1.2. Bulk orders may be subject to a different delivery cost and may require a
longer delivery time to be fulfilled. “Bulk order” means an order for any
product that comprises quantities of beyond 48 units, unless otherwise
stated in writing by Dabbawalla .
1.3. Dabbawalla will Endeavour to
deliver the products to your
delivery address within the delivery time frame selected by you, but does
not and cannot guarantee that the delivery time frames will be met as there
may be factors outside of our control which may result in early or delayed
deliveries such as weather, traffic, haze, etc. You agree that British Indian
Curry Hut shall not be liable for any deliveries made outside the delivery
time frame. If your designated delivery location is inaccessible, rendering us
unable to make the delivery, we will contact you to determine the best
alternative location and/or date.
1.4. Please notify Dabbawalla immediately of any change to your
delivery address, date or time of delivery, or contact number. Any changes
in the delivery address or date or time of delivery after the submission of
your order may incur an administrative charge of S$10.00.
1.5. Dabbawalla uses proprietary cooling systems to maintain the
quality and integrity of your products. To maintain the integrity of products
after delivery, we recommend that you immediately refrigerate or free
perishable items.
1.6. Dabbawalla aims to provide our customers more options for
receiving their orders. For certain deliveries, Dabbawalla
provides the option for having your orders left at your doorstep as an
“Unattended Delivery.”
1.7. Please note that some orders won't be eligible for Unattended Delivery.
While our goal is to honour your preferences whenever possible, we can't
guarantee that our drivers will be able to meet these instructions under all
circumstances. Please note that if you selected an Unattended Delivery and
no one is available to accept delivery of the order, the Driver will leave your
order unattended on or in front of your premises. While we encourage you
to retrieve your groceries as soon as possible once delivered, our
packaging is designed to maintain the correct temperature of your products
for up to 1 hour after the end of your delivery window.
1.8. Where you specifically instruct Dabbawalla to leave your
delivery outside the door of the specified delivery address, such delivery
(including unattended alcohol) shall be at your sole risk and you accept all
liability and risk of loss, theft, and damage. For all other deliveries, please
arrange for someone to receive the delivery and sign on the delivery invoice
or device.
1.9. If the delivery includes alcoholic drinks or any other age-restricted
items,
which may not be delivered to a minor, please ensure a person of 18 years
of age or older with appropriate identification is present to take delivery of
the alcoholic drinks or other items.
1.10. Dabbawalla reserves the right not to deliver any age-restricted
product to anyone who is, or appears to be under, the age of 18 years old,
and to charge the Customer an additional re-delivery fee of S$10.00. British
Indian Curry Hut also reserves the right to refuse to deliver any alcohol to
any person who is, or appears to be, under the influence of either alcohol or
drugs.
1.11. You agree that if any applicable legal requirements for the delivery of
alcohol are not met, Dabbawalla reserves the right to cancel the
alcohol-related portion of your order.
1.12. If an order is cancelled, or if no one is at the delivery location to
receive the
order during the chosen delivery slot, Dabbawalla reserves the
right to charge a restocking fee equal to the sum of 100% of the total dollar
value of your perishable items (since our perishable items are customer ordered
and guaranteed fresh) plus a re-delivery or cancellation fee of S$10.00.
2. Refunds
2.1. You can apply for a refund by making an application in the "My Order
-
Return and Exchange" application. Upon a successful application, the mall
will contact you to do the refund operation.
2.2. Contact customer service: If the refund fails due to abnormal status,
please
contact customer service to help you with the refund.
2.3. Alternative methods of refund:
2.3.1. Pre-deposit refund: we will directly refund your payment to your
account balance, so that you can use it again the next time you shop.
2.3.2. Bank card refund: We will refund your payment to the bank card
account provided by you. The cash payment for cash on delivery
requires you to provide accurate bank card.
2.3.3. Account information [including the cardholder's name, bank card
number, and bank name] so that we can pay you as soon as possible.
3. Returns
3.1. If the customer finds that the goods have quality problems, they should
stop
using them immediately. You can directly contact us within 48 hours from the
date of receipt of the goods. If the test is indeed a quality problem, the
customer can choose to exchange the goods. We will provide the same
quantity of the original product with the same quantity of the original product
for replacement.
3.2. We ask that all returned products are not used or expired, and in the
original
box and/or packaging. Dabbawalla reserves the right, but has no
obligation to, inspect the returned product and to determine whether the
product was rightfully returned in accordance with this paragraph. Where
Dabbawalla exercises its right to inspect the Product, Dabbawalla decision in
respect of such returned products shall be deemed final
and binding on you.
Intellectual Property
1. The copyright, patents, trademarks, registered designs and all intellectual
property
rights in the Services, the Site, and all Content shall vest in and remain with
Dabbawalla and its licensors. Consent is granted to view, electronically copy,
and print in hard copy portions of the Site for the sole purpose of placing an
order
with Dabbawalla for your use. Any other
use of the materials on this Site,
including modification, distribution, or reproduction for purposes other than
those
noted above, without the prior written permission of Dabbawalla is strictly
prohibited.
2. Ownership: The Intellectual Property in and to the Site 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.
3. For the avoidance of doubt, the following terms refer as follows:-
3.1. “Intellectual Property” means all copyright, patents, utility innovations,
trademarks 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.
3.2. “Materials” means, collectively, all web pages on the Site, including the
information, images, links, sounds, graphics, video, software, applications and
other materials displayed or made available on the Site and the functionalities
or
services provided on the Site.
4. Restricted use: No part or parts of the Site, 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. Subject to Clause 5,
permission
will only be granted to you to download, print or use the Materials for
personal and
non-commercial uses, provided that you do not modify the Materials and that we
or
the relevant copyright owners retain all copyright and other proprietary
notices
contained in the Materials.
5. You acknowledge that Dabbawalla 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. Dabbawalla
reserves the right to revoke this authorization at any time, and any use shall
be
discontinued immediately on written notice from Dabbawalla.
6. The trademarks, logos and service marks ("Marks") displayed on
this Site are the
property of Dabbawalla and other third
parties, and all rights to the Marks
are expressly reserved by Dabbawalla and
relevant third parties. You are
not permitted to use the name of Dabbawalla or any Marks, including in
any advertising or publicity or as a hyperlink, without the prior written
consent of
Dabbawalla or such third party.
7. The Marks are registered and unregistered trademarks of us or third parties.
Nothing
on the Site and in these Terms and Conditions shall be construed as granting,
by
implication, estoppels, or otherwise, any license or right to use (including as
a meta
tag or as a “hot” link to any other website) any Marks displayed on the
Services,
without our written permission or any other applicable trademark owner.
8. The domain name on which the Site is hosted on is the sole property of
British Indian
Curry Hut and you may not use or otherwise adopt a similar name for your own
use.
Comments, Feedback, and Other Information
1. You may provide or submit comments, feedback, suggestions and other content
or
information (collectively, “Comments”) so long as the content is not illegal,
criminal,
immoral, inappropriate, hateful, obscene, defamatory, offensive, violent,
abusive,
political, religious, infringing or disrespectful in nature, and does not
consist of or
contain software viruses, solicitation or any form of "spam." You may
not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to
the
origin of a Comment. Dabbawalla reserves
the right (but not the
obligation) to review, remove or edit such content.
2. You hereby grant Dabbawalla a
non-exclusive, royalty-free, perpetual,
irrevocable and sub-licensable licence to use, reproduce, modify, adapt,
translate,
publish, display, communicate, transmit, broadcast, distribute and exploit any
Comments that you provide or publish through or in relation to the Site, for
any
purpose as Dabbawalla may require at its
sole discretion.
3. You further agree that Dabbawalla may
use and publish your name in
connection with such Comments.
4. If you have any questions or concerns about these Terms and Conditions or
any
issues raised in these Terms and Conditions or on the Site, please contact us
at
https://dabbawalla.sg/contact/
Disclaimers & Limitations:
1. While we make every effort to ensure that all Content is accurate and
complete, we
provide the Content 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, Dabbawalla disclaims 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.
2. Without limiting the foregoing, Dabbawalla does not warrant that the
functions contained in or access to the 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 Content are free of viruses or
other harmful
components, or that the download, installation or any Content in or with any
device
will not affect the functionality or performance of the device.
3. Dabbawalla does not warrant or make
any representations regarding the
use or the results of the use of the Content, the Services, or the Site in
terms of their
correctness, accuracy, completeness, reliability, or otherwise.
4. The Content 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, safely, timeliness, quality,
suitability or
availability of any services, products, or goods obtained by third parties
through the
use of the services or Content. Your use of the Content and any third-party
services
or products remains solely with you to the maximum extent permitted by law.
5. You agree that:
5.1. Dabbawalla 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 Content
without
assigning any reason; and
5.2. access to or the operation of the Site 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;
5.3. Dabbawalla ’s Content may be subject to limitations, delays, and
other problems inherently and in any such event, Dabbawalla shall
not be liable for any loss, liability or damage, which may be incurred as a
result.
6. In no event shall Dabbawalla be
liable to you for any damages, losses,
expenses, liabilities under any causes of action (whether in contract or tort
including,
but not limited to negligence, or otherwise) caused through the use of, or the
inability
to use, the Services, the Site, Content or any other website or device. In the
event
that Dabbawalla is liable for damages
despite the foregoing provision,
you agree that Dabbawalla ’s aggregate liability to you for any and all
causes of action in relation to:
6.1. any order, sale or delivery of any product by Dabbawalla under these
Terms and Conditions shall not exceed the price of the product giving rise to
such claims; and in all other cases (including any use of the Content), shall
not
exceed S$1.
7. In no event shall Dabbawalla be
liable for any indirect, special,
consequential, or incidental damages that result from the Content, or your use
of, or
the inability to use, the Content or any other website or device, even if Dabbawalla
or a Dabbawalla authorized
representative has been advised of, or should have foreseen, the possibility of
such damages.
8. You agree that the above exclusions and limitations of liability enable the
Services
and the Content to be provided by Dabbawalla at either reasonable costs
or no costs to you.
9. To the extent permitted by applicable law, under no circumstances shall Dabbawalla,
be liable to the User or any third parties for consequential or incidental loss
or damage; missed actual or expected benefits (direct or indirect); unearned
actual or expected income (direct or indirect); for special, indirect, incidental
or punitive damages or damages; and to the extent permitted by law.
10. Dabbawalla shall not be liable for
any failure or delay in the performance
of its obligations under this Agreement if such failure or delay is caused by
circumstances beyond the reasonable control of SG (for example, force majeure,
war
or acts of terrorists, malicious infliction harm, accidents, or compliance with
any
applicable law or government regulation). Dabbawalla will seek to
minimize the consequences of any of these events and fulfill obligations that
have
not been affected by them
.
11. Services provided by the Site can be changed, updated; their form and
functions can
be altered at any time without prior notice to the User.
12. Dabbawalla reserves the right, at its discretion, to unilaterally
terminate,
change or suspend the operation of the Site and provision of the Services (or
any
separate functions within the Services) to all Users in general or to an
individual User
without prior notice. Dabbawalla has the right to carry out preventive
maintenance on the Site with temporary suspension of the Site operation without
prior notice to each User.
13. Dabbawalla does not guarantee that all the information posted on the
Site will be available at any time, or will not be deleted or lost.
14. Dabbawalla does not bear any responsibility for the authenticity and
legitimacy of information posted by Users in the Site. Dabbawalla does
not check and does not have a technical and factual ability to verify the
information
placed by the Users on the Site for its conformity with the requirements of
Singapore
law and the provisions of these Terms. However, Dabbawalla has the
right to carry out such verification at any time at its discretion using
available means
of verification.
15. Information placed by Users may contain links to websites on the Internet
(third
party sites). The above-mentioned websites and their content, as well as any
information from a third party, are not checked by Dabbawalla for
compliance with certain requirements (reliability, completeness, legality,
etc.). British
Indian Curry Hut is not responsible for any information, materials posted on
third
party websites to which the User gained access while using the Site, as well as
for
the availability of these sites or information and the consequences of their
use by the
User.
16. Dabbawalla does not bear responsibility and does not provide any
guarantees, guarantee terms for transactions between Users. Dabbawalla
is not responsible for safekeeping of purchased / sold components of the
Content, is not responsible for unauthorized access to the User's digital
wallet or
theft of MSP, the components of the game, belonging to him, as it is a sole
responsibility of the User to ensure the safety and confidentiality of the
passwords
and identifiers required for carrying out transactions.
17. Dabbawalla is not a deal maker, the
intermediary, agent or representative
of any User and/or any other interested party in respect of the transaction
proposed /
concluded between the Users. All transactions made between Users are concluded
and executed by Users independently, without direct or indirect participation
of
Dabbawalla.
18. Dabbawalla shall not be liable for the quality of communication, the
quality of connection to the Internet, the quality of the work of
communications
service providers, performance of the equipment and / or software of Users, the
quality of work of third parties, as well as other circumstances beyond British
Indian
Curry Hut's control, as well as for all the negative consequences associated
with
them.
19. Dabbawalla is not responsible for the time frame of transactions in the
network Etherium.
20. Dabbawalla reserves the right not to enter into written negotiations, or
other contacts with Users, except in cases provided for by these Terms and the
current laws of Singapore.
21. Dabbawalla does not bear any other duties or responsibilities not
specified in these Terms & Conditions and/or Singapore's laws in force.
22. Nothing in these terms and conditions will:
22.1. Limit or exclude any liability
for death or personal injury resulting from
negligence;
22.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
22.3. limit any liabilities in any way that is not permitted under applicable
law; or
22.4. Exclude any liabilities that may not be excluded under applicable law.
23. The limitations and exclusions of
liability set out in this Section L and elsewhere in
these terms and conditions govern all liabilities arising under these terms and
conditions or relating to the subject matter of these terms and conditions,
including
liabilities arising in contract, in tort (including negligence) and for breach
of statutory
duty, except to the extent expressly provided otherwise in these terms and
conditions.
24. To the extent that our website and
the information and services on our website are
provided free of charge, Dabbawalla will not be liable for any loss or
damage of any nature.
25. Dabbawalla will not be liable to
you in respect of any losses arising out of
any event or events beyond our reasonable control.
26. Dabbawalla will not be liable to
you in respect of any business losses,
including (without limitation) loss of or damage to profits, income, revenue,
use,
production, anticipated savings, business, contracts, commercial opportunities
or
goodwill.
27. Dabbawalla will not be liable to
you in respect of any loss or corruption of
any data, database or software.
28. Dabbawalla will not be liable to
you in respect of any special, indirect or
consequential loss or damage.
29. The User accepts and confirms that Dabbawalla has an interest in
limiting the personal liability of our officers and employees and, having
regard to that
interest, you acknowledge that we are a limited liability entity; you agree
that you will
not bring any claim personally against our officers or employees in respect of
any
losses you suffer in connection with the website or these terms and conditions.
Linked Sites
1. Dabbawalla may provide links,
plug-ins, widgets or other connections to
other sites ("Linked Sites") that may be of relevance and interest to
users.
Dabbawalla
has no control over, and is not responsible for the content on or
obtained through the Linked Sites or for any damage you may incur from the
Linked
Sites (including any virus, spyware, malware, worms, errors or damaging
material
contained in the Linked Sites) or the availability, accuracy or reliability of
any of the
Linked Sites. You hereby agree to assume all risk arising from the use of the
Linked
Sites and hereby irrevocably waive any claim against us with respect to the
Linked
Sites.
2. Dabbawalla does not endorse,
recommend or guarantee any of the
Linked Sites, and Dabbawalla expressly disclaims all liabilities and
responsibilities arising in relation to any Linked Sites.
Security & Privacy
Dabbawalla recognizes the importance
of keeping your personal information
and data secure and private. To understand our security and privacy policies
and
practices, please read our Security & Privacy Policy
(https://www.dabbawalla.sg/privacy-policy-2/).
Please do not submit any personal information or data without first reading our
Security
& Privacy Policy (https: //www. dabbawalla.sg/privacy-policy) which
explains
our data use and privacy practices in detail.
Suspension and Termination:
1. You agree that Dabbawalla has the right in its sole and absolute
discretion and without notice or liability to:
1.1. restrict, suspend, or terminate your access to all or any part of the
Content;
and/or
1.2. terminate, deactivate or suspend your Account, delete your Account and all
related information and files in your Account, without assigning any reason.
2. In our sole and absolute discretion, we may with immediate effect upon
giving you
notice, terminate your use of the Site and/or Services and/or disable your User
Name
and Password. We may bar access to the Site and/or Services (or any part
thereof)
for any reason whatsoever, including a breach of any of these Terms and
Conditions
or where if 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 the services relating to
the Site.
3. without prejudice to the generality of the above, Dabbawalla reserves the
right to deactivate your Account if it has been inactive for a period of 10
years or
more, or if you are in breach of any of our Terms and Conditions.
Notification of Infringement
1. Dabbawalla reserves the right to investigate notices of copyright,
trademark and other intellectual property infringement (“Infringement”) in
respect of
the Content (“Infringing Material”) and take appropriate action. If you believe
that
your work has been used or copied in a way that constitutes copyright
infringement
and such infringement is occurring on the Content, please notify Dabbawlla in
writing immediately in the form and containing the information prescribed by
the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
2. All Infringement Notices shall be sent to Dabbawalla.
3. Dabbawalla will duly consider all Infringement Notices submitted in the
above manner. In return, you agree that you shall not take any legal action or
exercise any legal remedy you may have against Dabbawalla in respect
of any Infringing Material, unless you have first given Dabbawalla the
Infringement Notice and sufficient opportunity to remove the Infringing
Material, and
thereafter Dabbawalla refuses or fails
to remove the Infringing Material
within a reasonable time. Where Dabbawalla removes the Infringing
Material in response to your Infringement Notice, you agree not to exercise,
and you
hereby waive, any right of action against Dabbawalla under applicable
law which you may have in respect of any Infringing Material appearing on the
Site
prior to such removal by Dabbawalla .
4. You acknowledge and agree that Dabbawalla has no control and cannot
undertake responsibility or liability in respect of Infringing Material
appearing on or
through Linked Sites or other third-party sites.
Jurisdictional Issues
1. The Content are meant for use by residents of Singapore only. Dabbawalla,
makes no representation that the Services and Contents of the Site are appropriate
or available for use in your location. Those who choose to access this Site
from any location do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Indemnity
1. You agree to indemnify and hold Dabbawalla , and its officers, agents,
partners, and employees, harmless from all claims, demands, actions,
proceedings,
liabilities (including statutory liability and liability to third parties),
penalties, and costs
(including without limitation, legal costs on a full indemnity basis), awards,
losses
and/or expenses, due to or arising out of:
1.1. any use of the Content;
1.2. your connection to the Site;
1.3. your breach of any terms and conditions of these Terms and Conditions;
1.4. your violation of any rights of any third party, including providers of
courier
services arranged via the Content;
1.5. your violation of any rights of another person or entity; or
1.6. your breach of any statutory requirement, duty or law.
Severability
1. If any provision of these Terms and Conditions is found to be illegal, void
or
unenforceable under any law that is applicable hereto or if any court of
competent
jurisdiction in a final decision so determines, these Terms and Conditions
shall
continue in force save that such provision shall be deemed to be deleted.
Relationship of Parties
1. Nothing in these Terms and Conditions shall constitute or be deemed to
constitute
an agency, partnership or joint venture between Dabbawalla and you and
neither party shall have any authority to bind the other in any way.
Waiver
1. No waiver of any rights or remedies by Dabbawalla shall be effective
unless made in writing and signed by an authorized representative of British
Indian
Curry Hut.
2. A failure by Dabbawalla to exercise or enforce any rights conferred upon
us by these Terms and Conditions shall not be deemed to be a waiver or
variation of
any such rights or operate so as to bar the exercise or enforcement thereof at
any
subsequent time or times.
Force Majeure
1. No party shall be liable for any failure to perform its obligations under
these Terms
and Conditions if the failure results from a Force Majeure Event (defined
below),
provided always that whenever possible, the affected party will resume that
obligation as soon as the Force Majeure Event occasioning the failure ceases or
abates.
2. For purposes of these Terms and Conditions, a “Force Majeure Event” is an
event
which is a circumstance or event beyond the reasonable control of a party, and
which results in the party being unable to observe or perform on time an
obligation
under these Terms and Conditions. Such circumstance or event shall include
strikes,
lockouts, industrial action or labour disputes, riots, civil unrest, war or
threat of war,
criminal or terrorist acts, government action or regulation, telecommunication
or utility
failures, power outages, fire, explosion, storm, flood, natural physical
disasters,
epidemic, quarantine restrictions, disruption to supply lines, and general
failure or
impossibility of the use of aircraft, shipping, motor transport or other means
of public
or private transport, or political interference with the normal operations of
any party.
Governing Law & Jurisdiction:
1. These Terms and Conditions and all matters
relating to your access to, or use of, the
Content shall be governed by and construed in accordance with the laws of
Singapore including without limitation the provisions of the Singapore Evidence
Act
(Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving
effect to
any principles of conflicts of law.
2. You hereby agree to submit to the exclusive jurisdiction of the Singapore
courts.
General
1. Cumulative rights and remedies: Unless otherwise provided under these Terms
and
Conditions, the provisions of these Terms and Conditions and our rights and
remedies under these Terms and Conditions 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 Terms and
Conditions,
or at law or in equity, shall (save to the extent, if any, provided expressly
in these
Terms and Conditions 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.
2. No waiver: Our failure to enforce these Terms and Conditions shall not
constitute a
waiver of these terms, and such failure shall not affect the right later to
enforce these
Terms and Conditions. We would still be entitled to use our rights and remedies
in
any other situation where you breach these Terms and Conditions.
3. Severability: If at any time any provision of these Terms and Conditions
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 Terms and Conditions.
4. Rights of third parties: A person or entity who is not a party to these
Terms and
Conditions 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 Terms and Conditions, 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 Terms and Conditions.
5. Governing law: Use of the Site and/or the Services and these Terms and
Conditions
shall be governed by and construed in accordance with Singapore law and you
hereby submit to the exclusive jurisdiction of the Singapore courts.
6. 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.
7. Amendments: We may by notice through the Site or by such other method of
notification as we may designate (which may include notification by way of
e-mail),
vary the terms and conditions of these Terms and Conditions, such variation to
take
effect on the date we specify through the above means. If you use the Site or
the
Services after such date, you are deemed to have accepted such variation. If
you do
not accept the variation, you must stop access or using the Site and the
Services
and terminate these Terms and Conditions. Our right to vary these Terms and
Conditions in the manner aforesaid will be exercised with may be exercised
without
the consent of any person or entity who is not a party to these Terms and Conditions.
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.
9. Currency: Money references under these Terms and Conditions shall be in
Singapore General Dollars unless otherwise specified.
10. Language: In the event that these Terms and Conditions is executed or
translated in
any language other than English (“Foreign Language Version”), the English
language
version of these Terms and Conditions shall govern and shall take precedence
over
the Foreign Language Version.
11. Entire agreement: These Terms and Conditions 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.
12. Binding and conclusive: You acknowledge and agree that any records
(including
records of any telephone conversations relating to the Services, if any)
maintained
by us or our service providers relating to or in connection with the Site and
Services
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.
13. Sub-contracting and delegation: We reserve the right to delegate or
sub-contract the
performance of any of our functions in connection with the Site and/or Services
and
reserve the right to use any service providers, subcontractors and/or agents on
such
terms as we deem appropriate.
14. Assignment: You may not assign your rights under these Terms and Conditions
without our prior written consent. We may assign our rights under these Terms
and
Conditions to any third party.
15. Force Majeure: We shall not be liable for non-performance, error,
interruption or
delay in the performance of its obligations under these Terms and Conditions
(or any
part thereof) or for any inaccuracy, unreliability or unsuitability of the
Site's and/or
Services’ contents if this is due, in whole or in part, directly or indirectly
to an event or
failure which is beyond our reasonable control.