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Chicky Fun Pte. Ltd. (company registration number 199405076N) and having its registered address at 6 Harper Road #07-05, Leong Huat Building, Singapore 369674 (Chicky Fun, we, our or us) is the owner of the website (the Website) where users (Customers or you) are able to place orders for food and/or beverages with restaurants, cafes or any other eateries from physical stores / outlets located in Singapore affiliated with us (the Outlets).
ACCOUNT AND USE OF WEBSITE
In order to access the Services, you may be registered by us on the Website as a registered user (a Registered User) and create a user account (an Account) and or you may choose to access the Services as a guest user (a Guest User).
To create an Account, you agree to provide certain information to us including, but not limited to your first and last name, mobile number, electronic mailing address and choice of password (collectively, the Registration Information).
To use our Services as a Guest User, you agree to provide certain information to us including, but not limited to your first and last name, mobile number, delivery address and electronic mailing address.
We retain the sole and absolute discretion whether to register you as a Registered User. We may suspend or place limitations on any transaction on your Account at any time or reject your registration application if we believe that it is appropriate in order to comply with any legal, regulatory or contractual obligation or if we are not satisfied by the Registration Information provided.
By creating an Account, you hereby represent, warrant and undertake to us on the date of registration and on each day thereafter that you are a Registered User that:
|a.||all Registration Information you furnished is true, accurate, current and complete; and|
|b.||you own or are authorised to furnish such Registration Information.|
Your Account is personal to yourself and is not transferable.
To use the Website and the Services, you must be at least 18 years of age or otherwise proceed with such use with the involvement and permission of your parent or guardian, and shall be responsible for compliance with all laws applicable to your access and or use of the Services.
We reserve the right not to act on your instructions, restrict access to your Account or to withhold the Services if we suspect that the person logged into your Account is not you or if we suspect any illegal or fraudulent activity or unauthorised use in relation to the Account or if we are otherwise required to do so to comply with any law, regulation, order, notice or directive. However, we are not obliged to and may not be able to detect unauthorised, illegal or fraudulent use of your Account.
Deleting your Account
You may delete your Account provided that no transactions or deliveries are pending on your Account at the time of deletion. You agree we may retain information (including in relation to Orders (as defined below) and payments relating thereto) in relation to your Account.
Reactivation of Account
If you decide to re-activate your deleted Account, you may write in to email@example.com. Information in relation to Orders and payments which have been made with such Account subsequent to the deletion shall not be reinstated in the re-activated Account.
As part of the Services, based on your selection of the product(s), add-on(s) and other specifications or preferences relating thereto (the Products), the delivery address (the Delivery Address) and the delivery date and timeslot (the Delivery Period) or where self-collection is selected, the collection date and time (the Collection Time) and preferred Outlet on the Website (an Order) and upon an Order being made in accordance with Clause 2.6, we will process, prepare and where applicable, deliver your Order subject to these Terms and Conditions.
An Order that requires delivery or self-collection for lunch and dinner (the Collection Time or Delivery Period falling within 08.00 a.m. to 8.00 p.m.) on any day (including a working day or weekend) will be based on the availability of the Collection Time or the start of the Delivery Period (as the case may be), save that an Order that includes Products under the Website category of “Party Favourites” (apart from Chicken Rice, Steamed Chicken, Roasted Chicken, Chicken Char Siew, Lemon Chicken Cutlet, Sichuan Spicy Chicken, Oyster Sauce Hong Kong Choy Sum dishes) or any non-chicken rice items or an Order for breakfast (the Collection Time or Delivery Period falling within 8.00 a.m. to 10.00 a.m.) has to be made latest by 4.00 p.m. on the previous day prior to the Collection Time or the Delivery Period (as the case may be).
An Order for breakfast (the Collection Time or Delivery Period falling within 8.00 a.m. to 10.00 a.m.) has to be for a minimum of S$100.00.
Orders for corporate events or which may require further customisation may be made by electronic mail to firstname.lastname@example.org or with our customer service officers at the relevant contact details provided on the Website.
Subject to Clause 2.7, you may amend or cancel your Order after receipt of a Confirmation (as defined below) only if you notify us of such amendment or cancellation at least 24 hours prior to the Collection Time or start of the Delivery Period (as the case may be).
An Order is deemed to be made when:
|a.||full payment of an Order is made; and|
|b.||upon our receipt of such payment, a confirmation (with unique reference number) with the relevant details of the Order will be issued by us to your email address (the Confirmation).|
While we endeavour to fulfil every Order that is made, subject to inventory considerations or other exigencies, we may contact you to propose amendments to your Order upon which you will be permitted to modify or cancel such Order without charge. Notwithstanding the foregoing and any other provision of Clause 2, we retain the sole and absolute discretion to reject, disregard or not fulfil any Order and any monies paid to us in connection with your Order will be refunded within 10 working days.
In respect of each Delivery, a minimum Order of:
|a.||S$100.00 will be required for certain Delivery Addresses near or within the Changi Airport or Tuas regions;|
|b.||S$100.00 will be required for a Delivery Address within the Central Business District of Singapore; or|
|c.||S$120.00 if the Delivery Address is any other address with a postal code within mainland Singapore. For avoidance of doubt, we do not deliver to any islands or addresses outside of the main island of Singapore, including but not limited to Sentosa, Jurong Island, Pulau Ubin, Pulau Tekong and Saint John’s Island.
Delivery may be subject to other fees as may be provided on the Website from time to time.
Prices of the Products are inclusive of prevailing goods and services tax and are denominated in Singapore dollars. Prices indicated on the Website are correct as at the time of each Order but remain subject to change.
An Order may be paid via Paynow to our UEN 199405076NU01, Paylah via QR code, bank transfer to UOB current account no. 450-311-350-8, Alipay, Wechat pay, Grabpay, Mastercard, Visa, Amex and UnionPay credit card or debit card (such credit cards and debit cards collectively, Cards and each, a Card) or such other payment method as may be informed by us to you from time to time, and we may require you to provide to us information as may be required for your preferred payment method, including but not limited to Card or account information.
You agree and acknowledge that:
|a.||we may verify and authorise the details of your Card when you provide the details of such Card to us as well as when you use the Services;|
|b.||we may issue a reasonable authorisation hold on a Card, which is not an actual charge against such Card, for verification purposes and as a preventive measure against any unauthorised or fraudulent usage of such Card. The hold may appear in your Card statement as “pending”;|
|c.||you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place;|
|d.||you shall be responsible to resolve any disputes with the institution issuing your Card on your own; and|
|e.||in the event that a payment for an Order by your Card is issued outside of Singapore, you will be liable for any additional charges in relation thereto.|
If a Card used to pay for your Order does not belong to you, you hereby represent, warrant and agree that you have obtained the relevant Card owner’s permission to use the Card for such payment.
We may specify a transaction limit (as informed by us from time to time) for any transactions made through the Website using a Card.
We reserve the right to suspend the processing of any transaction or disable or limit the use of a Card where any error in transaction results in decline or chargeback from the financial institution or we reasonably believe that a Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or you otherwise may be in breach of these Terms and Conditions.
Notwithstanding the prices or fees stated on the Website or provided herein, such prices or fees are subject to change or revision, due to ongoing promotions, discounts or otherwise.
DELIVERY & SELF COLLECTION
Where the option of self-collection has been selected for your Order, you or such person authorised by you may collect such Order by presenting a copy of the Confirmation (with unique reference number clearly presented) to our staff at the selected Outlet during the Collection Time as indicated in the Confirmation. You agree that you alone are responsible for inspecting the contents of the Order and shall report any issues and/or defects with the same to us on or around the Collection Time. Any Order for self-collection not collected by the relevant Collection Time shall be deemed to be fulfilled and we retain the right to dispose or sell the contents of such uncollected Order.
Where the option of delivery has been selected for your Order, we shall arrange for the delivery of such Order to the Delivery Address at any time during the Delivery Period (the Delivery Time) as indicated in the Confirmation. By selecting the option of delivery, you agree that the Delivery Time may vary depending on factors out of our control (e.g. Order quantity, distance, time of day (peak periods), weather or traffic conditions, etc.) and acknowledge that the Delivery Period is an estimate and Orders may arrive earlier or later than such time or period.
Our delivery partner will endeavour to deliver the Order to you or someone at the Delivery Address personally (save for customers who are serving their quarantine order or stay-home notice, for which delivery without physical proximity would be required, for example, leaving the Order at the door or reception of the Delivery Address) but notwithstanding this, our delivery partner may furnish a photograph of all or some of the items under the Order at the Delivery Address as proof of delivery and you agree that no further proof (including signing or acknowledging receipt of Order) is necessary to evidence delivery in full. To ensure that you receive delivery of your Order, you should ensure that either you or someone is at the Delivery Address during the Delivery Period to receive the Order.
You shall inform us if your Order is to be delivered to recipient(s) who are serving a Stay Home Notice or Quarantine Order. Our delivery partner will deliver such Order to the door or entrance of the Delivery Address.
Without prejudice to any other clauses in these Terms and Conditions, where we attempt to deliver an Order but are unable to do so due to any reason caused by you, including but not limited to the following:
|a.||no person was present or available at the Delivery Address to receive such Order;|
|b.||you remained uncontactable despite at least 2 attempts to reach you via the mobile number you provided;|
|c.||lack of appropriate or sufficient physical access to the Delivery Address; or|
|d.||lack of a suitable or secure location to leave or place such Order at the Delivery Address, we will inform you via text message or email using the contact details you provided of the unsuccessful delivery and any next steps to be taken. We shall not be obliged to fulfil any Order that could not be delivered by the end of the Delivery Period due to any of the above reasons.|
Subject to these Terms and Conditions, you may contact us at email@example.com to report any issues with the ordered Products and upon our assessment of your request, we may, at our sole and absolute discretion, proceed to provide a refund within 7 working days of receipt of your request.
THIRD PARTY LINKS
The Website may contain links to other websites and online resources which are not maintained or operated by us. The access and use of such third-party websites and resources is at your own risk. We are not responsible for and do not endorse the availability or contents of such third-party websites or resources and shall not be liable for any damages or loss (including any computer viruses, Trojan horses, worms or similar items or processes), arising from the availability of contents of those third-party websites or resources.
You acknowledge that the Website may include advertisements which may be unsolicited. Your dealings with, or participation in promotions and other third parties found on or through the Website, including payment and delivery or related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and any such third party. We shall not be responsible or liable for any loss or damage of any sort suffered or incurred as the result of any such dealings or as the result of the presence of such third party on the Website.
The names, images and logos (Marks) identifying Chicky Fun or any third parties and their products and services are subject to copyright, design rights and trademarks respectively, of Chicky Fun or such third parties, and all rights to the Marks are expressly reserved by Chicky Fun or such third parties. You shall have no right or licence to download, reproduce or use any such Marks or the name of Chicky Fun whether for use as a link to any website or otherwise, except with the prior approval of Chicky Fun or the relevant third parties.
The copyright in the content of all the pages on the Website is owned by Chicky Fun (except where otherwise stated). Reproduction of part or all of such contents in any form is prohibited.
You shall use the Services solely for your own personal, non-commercial use. All rights not expressly granted to you in relation to the Services are reserved by Chicky Fun.
ACKNOWLEDGEMENTS AND DISCLAIMERS
Unless otherwise stated, Products are prepared at Outlets and kitchen facilities that are either Halal-certified or in the process of Halal certification. Our Outlets and kitchen facilities in the process of Halal certification do not use ingredients which contain alcohol, pork or lard products.
Notwithstanding anything contained herein in this Terms and Conditions, you acknowledge and agree to the following:
|a.||nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency or employment relationship between you and us;|
|b.||the photographs and images on the Website are for illustrative purposes only and may differ from actual Product(s);|
|c.||any information, data or other content that you store on or provide to us may be subject to inadvertent damage, temporary unavailability, corruption or loss;|
|d.||we may not be able to and shall not be obliged to accept or fulfil any Order made not in accordance with the prescribed requirements and/or timeframes as set out under Clause 2.2 or if you otherwise fail to abide by any of these Terms and Conditions; and|
|e.||any issues relating to your Order shall be resolved directly with us on a confidential basis, and you may provide us with feedback via the Website although we reserve the right to remove or not to post any feedback if such feedback contains abusive and/or offensive words or language or is otherwise proven to be factually inaccurate as determined by us in our sole discretion.|
Notwithstanding that we will take reasonable measures in accordance with industry standards to maintain the security of the Website and the accuracy of its information, we make no representation, warranty or undertaking (as the case may be), express or implied, to you that:
|a.||the Website will be available at all times or available at all;|
|b.||any function or feature of the Website will be uninterrupted and/or error free;|
|c.||the Website will be free of viruses, malware or other harmful components;|
|d.||the Website will be compatible with all software and hardware or that it will be secure;|
|e.||the Website is of satisfactory fitness or quality for any general or specific purpose;|
|f.||any defects or errors on the Website will be corrected immediately and promptly; or|
|g.||the information on the Website is complete, reliable or accurate.|
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Chicky Fun expressly excludes all conditions, warranties and other terms that might otherwise be implied by law into these terms and conditions.
Without prejudice to any other limitation of liability by Chicky Fun provided herein, each of Chicky Fun, and all of its subsidiaries, affiliated companies, directors, officers, agents, partners and employees shall not be liable to any person, including, but not limited to, any users of the Services, for any direct, indirect, punitive, incidental, special, consequential damages, losses, expenses, liabilities under any causes of action or any damages whatsoever, including, without limitation, damages for loss of use or data, loss of opportunity, loss of goodwill, loss of profits (whether, but not limited to, revenue or anticipated profits) or losses to third parties, arising out of or in any way connected with any use of, inability to use or reliance on any information provided through the Services, whether based on contract, tort, strict liability or otherwise, even if Chicky Fun or its agents or employees had been advised of the possibility of such damages or losses.
Chicky Fun will not be a party to disputes or negotiations of disputes between you or any other third party (including any delivery partner). Responsibility for the decisions you make regarding the Services rests solely with and on you. You expressly waive and release Chicky Fun from any and all liability, claims, causes of action, or damages in any way connected to any another third party.
By agreeing to these Terms and Conditions upon using the Services, you agree that you shall defend, indemnify and hold Chicky Fun, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
|a.||your use of the Services and your dealings with Chicky Fun;|
|b.||your violation or breach of any of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein; or|
|c.||your violation of any rights of any third party, including any of our delivery partners.|
A person not a party to any transaction between you and us has no right under these Terms and Conditions under the Contract (Rights of Third Parties) Act, Chapter 53B of Singapore.
We shall not be in breach of these Terms and Conditions nor liable for delay in performing or failure to perform, any obligations under these Terms and Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control including without limitation acts of God, governmental acts, war, fire, floods, explosions or civil commotions.
If a term of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other term of these Terms and Conditions.
JURISDICTION AND APPLICABLE LAW
The Singapore courts will have exclusive jurisdiction over any claim arising from, or related to, any use of the Services. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.