Terms and Conditions
Last updated: September 16, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.nyonyacooking.com platform (the “Platform”) operated by Nyonya Cooking (“us”, “we”, or “our”) and before you purchase products (the “Products”) at the price of Products listed for sale (the “Listing Price”) on Nyonya Cooking.
Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Platform.
By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Platform. Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform 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.
Access to and use of password protected and/or secured areas of the Platform is restricted to customers with accounts only (the “Customers”). When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.
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 their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Use of the Platform
The use of the Platform is limited to authorised 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 contained herein and Customers who have been permanently or temporarily suspended from use of the Platform even if they satisfy the requirements of this clause.
You agree (a) to access and/or use the Platform only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Platform in good faith; and (b) to ensure that any information or data you post or cause to appear on the Platform is accurate and agree to take sole responsibility for such information and data. We reserve the right to cancel or reject any use of this Platform at our sole discretion, including without limitation, where we deem that any transaction is fraudulent or suspect that it is fraudulent.
Your use of the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Nyonya Cooking, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
Platform downtime: 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. We shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform.
Third party vendors: You acknowledge that parties other than Nyonya Cooking (the “Third Party Vendors”) list and sell Products on the Platform. For the avoidance of doubt, each agreement entered into for the sale of a Product to a Customer shall be an agreement entered into directly and only between Nyonya Cooking and the Customer.
Accuracy of Product descriptions and Listing Prices: While Nyonya Cooking and Thirdy Party Vendors endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, the Return Policy shall apply. The price of the Products payable by a Customer shall be the Listing Price at the time at which the order placed by the Customer is transmitted to us through the Platform. All Listing Prices are inclusive of GST, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
Purchase of Products
You may place an order by completing the order on the Platform and clicking on the “Purchase Now” button. We will not accept orders placed in any other manner. You shall be responsible for ensuring the accuracy of the order.
Irrevocability of orders: All orders will be deemed to be irrevocable and unconditional upon transmission through the Platform. Nyonya Cooking shall be entitled (but not obliged) to process such order(s) without your further consent and without any further reference or notice to you. You may request to cancel or amend the order which we will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any order.
Reservation of rights: All orders shall be subject to our acceptance in its sole discretion and each order accepted by us shall constitute a separate contract (the “Customer Contract”). You acknowledge that unless you receive a notice from us accepting your order, we shall not be party to any legally binding agreements or promises made between you and us for the sale of the Product(s), and accordingly we shall not be liable for any losses which may be incurred as a result. For the avoidance of doubt, we reserve the right to decline to process or accept any order received from or through the Platform in its absolute discretion.
Liability: We shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow our instructions (whether oral or in writing) misuse or alteration or repair of the Products without our approval.
Payment and Delivery of Products
You may pay for the Product using any of the payment methods prescribed by the Platform from time to time. When you place an order, actual payment will be only charged upon our acceptance of your order and formation of a Customer Contract. All payments shall be made to Nyonya Cooking. If the Customer fails to make a payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
Delivery of the Products shall be made to the address you specify in your order either by Nyonya Cooking or by a designated Third Party Vendors. Delivery and packing charges shall be as set out in the order. You may track the status of the delivery in the “Order History” page of the Platform. You acknowledge that delivery of the Products is subject to availability of the Products. Nyonya Cooking and the designated Third Party Vendors will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, we will inform you accordingly via email and your Product will be dispatched as soon as it becomes available to Nyonya Cooking or the designated Third Party Vendor. The time for delivery shall not be of the essence and we shall not be liable for any delay in delivery.
The Platform and its original content, features and functionality are and will remain the exclusive property of Nyonya Cooking and its licensors. The Platform is protected by copyright, trademark, and other laws of Singapore. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nyonya Cooking.
Returns, Refunds, Repairs, Replacements
All returns must be done in accordance with the instructions set out in the Return Policy. All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was succesfully completed. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. All refunds are conditional upon our acceptance of a valid return of the Product.
Links to Other Websites
Our Platform may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Nyonya Cooking shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, please send your request to support@nyonyacooking and we will delete your account and all data linked to it within 7 days.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Nyonya Cooking and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Platform, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall Nyonya Cooking, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Use of the Platform and these Terms shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.
If you have any questions about these Terms, please contact firstname.lastname@example.org.