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Privacy Policy
This Privacy Policy (“Privacy Policy”) sets out the basis which shnëdz (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Privacy Policy applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
1. PERSONAL DATA
1.1 As used in this Privacy Policy:
“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
“personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
1.2 Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, residential address, email address, telephone number, gender, date of birth and financial information.
1.3 Other terms used in this Privacy Policy shall have the meanings given to them in the PDPA (where the context so permits).
2. COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
2.1 We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
2.2 We may collect and use your personal data for any or all of the following purposes:
(a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
(b) verifying your identity;
(c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
(d) managing your relationship with us;
(e) processing payment or credit transactions;
(f) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(g) any other purposes for which you have provided the information; and
(h) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes.
2.3 We may disclose your personal data:
(a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you; or
(b) to third party service providers, agents and other organisations we have engaged to perform any of the functions with reference to the above mentioned purposes.
2.4 The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).
3. WITHDRAWING YOUR CONSENT
3.1 The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
3.2 Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in Clause 8 above.
3.3 Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
4. ACCESS TO AND CORRECTION OF PERSONAL DATA
4.1 If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
4.2 Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
5. PROTECTION OF PERSONAL DATA
5.1 To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as minimised collection of personal data, and authentication and access controls (such as good password practices, need-to-basis for data disclosure, etc.).
5.2 You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
6. ACCURACY OF PERSONAL DATA
6.1 We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
7. RETENTION OF PERSONAL DATA
7.1 We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
7.2 We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
8. TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE
8.1 We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
9. DATA PROTECTION OFFICER
9.1 You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
Email Address: info@eatsgprotein.com
10. EFFECT OF NOTICE AND CHANGES TO NOTICE
10.1 This Privacy Policy applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
10.2 We may revise this Privacy Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Privacy Policy was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
Effective date: 29/02/2024
Last updated: 29/02/2024
SHNËDZ TERMS OF SALE
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 of the Terms of Use for shnëdz will apply to these Terms & Conditions of Sale for shnëdz.
2. How to Understand the Terms & Conditions of Sale for shnëdz
2.1 These Terms & Conditions of Sale for shnëdz govern the purchase of Products on the shnëdz Website. Please carefully read these terms to understand your legal rights and obligations with regards to the purchase of Products on the shnëdz website.
3. Purchase of Products, Orders Pricing & Payments
3.1 Your compliance: You agree to comply with any and all the notices, operating rules and policies and instructions pertaining to the purchase of Products through the Website, as well as any amendments to the aforementioned, issued by shnëdz, from time to time. shnëdz reserves the right to revise these 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 Website.
3.2 Product description: While shnëdz endeavours to provide a correct description of the Products, shnëdz does not warrant that such description is correct 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 Website and which you have ordered, Clause 4 of these Terms of Sale shall apply.
3.3 Delivery Areas: At present, shnëdz delivers to most areas in mainland Singapore, but not certain areas. shnëdz may reject or cancel your order if the delivery location falls outside shnëdz's delivery coverage.
3.4 Orders:
3.4.1 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 & Conditions of Sale for shnëdz. All Orders shall be subject to acceptance by shnëdz. Processing of payment for an Order shall not in itself constitute acceptance of the Order by shnëdz, provided that where an Order for any Product(s) is rejected or cancelled by shnëdz, any payment made for such order shall be reversed or refunded by shnëdz in accordance with shnëdz’ prevailing refund policy at such time.
3.4.2 All Orders made by you are subject to stock availability. shnëdz 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. shnëdz reserves the right to limit your Order or the quantity of a particular Product you may order.
3.5 Product Information, Pricing and Payment:
3.5.1 shnëdz endeavours to provide you with accurate and up-to-date pricing, Product and promotional information. However, errors may sometimes occur and shnëdz does 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 shnëdz shall not be liable for any errors in the pricing and Product or promotional information listed on the shnëdz Website. The price to be paid by you shall be based on the prevailing selling price at the time shnëdz receives your Order, which may or may not be correctly reflected on the shnëdz Website. If a Product offered by shnëdz itself is not as described, your sole remedy is to return it in unused condition.
3.5.2 If the actual price of any item ordered by you is higher than that reflected on the shnëdz Website , shnëdz 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 authorise shnëdz to charge the additional amounts to you. If you elect to cancel the purchase, shnëdz will reverse or refund payment for such item in accordance with the prevailing refund policy at such time. If shnëdz is unable to contact you, shnëdz will treat your order in respect of the incorrectly priced item as cancelled.
3.5.4 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.
3.5.6 Payment for all orders shall be made in Singapore dollars.
4. Delivery & Returns
4.1 Delivery
4.1.1 Delivery slots are subject to availability.
4.1.2 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 20 units, unless otherwise stated in writing by shnëdz.
4.1.3 shnëdz 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 shnëdz 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, shnëdz will contact you to determine the best alternative location and/or date.
4.1.4 Please notify shnëdz 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.
4.1.5 shnëdz uses cooling to maintain the quality and integrity of your products. To maintain the integrity of Products after delivery, you are recommended to immediately refrigerate or freeze perishable items.
4.16 shnëdz aims to provide customers more options for receiving their orders. While shnëdz's goal is to honour your preferences whenever possible, shnëdz can't guarantee that shnëdz's drivers will be able to meet these instructions under all circumstances.
If shnëdz's drivers arrive within your selected time slot and attempt to contact you in order to deliver your order, but are unable to do so, your order may be left at your doorstep as an unattended delivery. shnëdz reserves the right to leave your order unattended on or in front of your premises, and you accept that this unattended delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage. In the event shnëdz does not leave your order unattended or in front of your premises, Clause 4.1.8 of the Terms & Condition of Sale for shnëdz shall apply.
4.1.8 If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, shnëdz reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total dollar value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of S$10.00.
4.2 Returns
4.2.1 Please check your order upon delivery. If you have received damaged or incorrect Products, please contact shnëdz within 2 calendar days from your delivery date. shnëdz will review your feedback and, at our sole discretion, may arrange for return of the products, and offer a refund or replacement of the Product accordingly.
4.2.2 All returned Products must not be used or expired, and be returned in the original box and/or packaging. shnëdz 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 shnëdz exercises its right to inspect the Product, shnëdz’s decision in respect of such returned Products shall be deemed final and binding on you.
5. Intellectual Property
5.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the services, the shnëdz Website and all content shall vest in and remain with shnëdz and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the shnëdz Website for the sole purpose of placing an order with shnëdz for your use. Any other use of the materials on the shnëdz Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of shnëdz is strictly prohibited. You acknowledge that shnëdz 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. shnëdz reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from shnëdz.
6. Disclaimers & Limitations
6.1 While shnëdz makes every effort to ensure that the shnëdz Website, services and all content is accurate and complete, the shnëdz Website, services and content is provided 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, shnëdz 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. Without limiting the foregoing, shnëdz does not warrant that the functions contained in or access to the shnëdz Website, services, 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 shnëdz Website, services, or content are free of viruses or other harmful components, or that the download, installation or use of the shnëdz Website or any content in or with any device will not affect the functionality or performance of the device. shnëdz does not warrant or make any representations regarding the use or the results of the use of the content, the services, the shnëdz Website in terms of their correctness, accuracy, completeness, reliability, or otherwise.
6.2 The shnëdz Website and service 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, safety, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or the shnëdz Website or services. Your use of the shnëdz Website or services and any third party services or products remains solely with you to the maximum extent permitted by law.
6.3 You agree that:
6.3.1 shnëdz 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 shnëdz Website or services without assigning any reason;
6.3.2 access to or the operation of the shnëdz Website 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; and
6.3.3 The shnëdz Website and service may be subject to limitations, delays, and other problems inherently and in any such event, shnëdz shall not be liable for any loss, liability or damage, which may be incurred as a result.
6.4 In no event shall shnëdz 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 shnëdz Website, content or any other website or device. In the event that shnëdz is liable for damages despite the foregoing provision, you agree that shnëdz’s aggregate liability to you for any and all causes of action in relation to:
6.4.1 any order, sale or delivery of any product by shnëdz under these Terms of Sale for shnëdz shall not exceed the price of the product giving rise to such claims; and
6.4.2 in all other cases (including any use of the shnëdz Website or services), shall not exceed S$1.
6.5 In no event shall shnëdz be liable for any indirect, special, consequential, or incidental damages that result from the services, the shnëdz Website or content, or your use of, or the inability to use, the services, the shnëdz Website, content or any other website or device, even if shnëdz or a shnëdz authorised representative has been advised of, or should have foreseen, the possibility of such damages.
6.6 You agree that the above exclusions and limitations of liability enable the services and the content to be provided by shnëdz at either reasonable costs or no costs to you.
7. General
7.1 The rights and protections conferred on shnëdz under these Terms of Sale for shnëdz shall be additional to the rights and protections conferred on shnëdz under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.
7.2 Any clause in the Terms of Sale for shnëdz, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
7.3 shnëdz reserves the right to alter, modify, add to or otherwise vary these Terms of Sale for shnëdz from time to time, and in such manner as shnëdz deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by shnëdz after such amendment, the Customer shall be deemed to have accepted the amendments.
7.4 If you have any questions or concerns about these Terms of Sale for shnëdz or any issues raised in these Terms of Sale for shnëdz, please contact us at info@shnëdz.com.
SHNËDZ TERMS OF USE
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
2. General use of Services and/or access of Website
2.1 Guidelines to the use of Website and/or Services: 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 Website, 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 Website.
2.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Website or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or Services;
(d) post, promote or transmit through the Website or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Website or Services;
(f) 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 Website’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Website or Services; and
(g) use the Website 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.
2.3 Availability of Website 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 Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Website and/or the Services;
(c) 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
(d) to request any information and data from you in connection with your use of the Services and/or access of the Website 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.
2.5 Privacy Policy: Your use of the Services and/or access to the Website is also subject to the Privacy Policy.
2.6 The shnëdz Terms of Sale apply.
2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services 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 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 3.2.
3.3 General terms of use: You agree:
(a) 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
(b) to ensure that any information or data you post or cause to appear on the Website in connection with the Services is accurate and agree to take sole responsibility for such information and data.
shnëdz reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
3.4 Product Description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
4. Intellectual property
4.1 Ownership: The Intellectual Property in and to the Website 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.
4.2 Restricted Use: No part or parts of the Website, 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. 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. Refunds/Returns/Repairs/Replacements
5.1 Return Policy: All returns must be done in accordance with the instructions set out in the shnëdz Terms of Sales.
6. Questions and complaints
6.1 If you have any questions or complaints, contact us at info@eatsgprotein.com.
7. Your Submissions and Information
7.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Website, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
7.2 Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 7.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
7.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
8. Termination
8.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Website and/or Services. We may bar access to the Website and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use 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 Website.
8.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
9. Notices
9.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
9.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
9.3 Other Modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
10. General
10.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use 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 of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use 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.
10.2 No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
10.3 Severability: If at any time any provision of these Terms of Use 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 of Use.
10.4 Rights of Third Parties: A person or entity who is not a party to these Terms of Use 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 of Use, 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 of Use.
10.5 Governing law: Use of the Website and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
10.6 Except as provided for in Clause 11.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
10.7 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.
10.8 Amendments: We may by notice through the Website 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 of Use, such variation to take effect on the date we specify through the above means. If you use the Website 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 Website and the Services and terminate these Terms of Use. Our right to vary these Terms of Use 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 of Use.
10.9 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.
10.10 Currency: Money references under these Terms of Use shall be in Singapore Dollars.
10.11 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
10.12 Entire Agreement: These Terms of Use 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.
10.13 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 Website 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.
10.14 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Website and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
10.15 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
10.16 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability.
Schedule 1 - Definitions and Interpretation
1. Definitions
1.1 “Customer” means an authorised user of the Website and/or the Services.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks 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.
1.3 “shnëdz Indemnitees” means shnëdz and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “shnëdz”, “we”, “our” and “us” refer to SGProtein Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 202030913Z and having its registered address at 7 Buroh Lane, #05-08/09 Commonwealth Capital Building, Singapore 618291.
1.5 “shnëdz Payment” means payments made on the shnëdz Website.
1.6 “shnëdz Terms of Sale” means the terms and conditions governing a Customer’s purchase of the Products.
1.7 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Website.
1.8 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.9 “Materials” means, collectively, all web pages on the website, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Website and the functionalities or services provided on the Website.
1.10 “Order” means your order for Products sent through the Website in accordance with the relevant Terms & Conditions of Sale.
1.11 “Password” refers to the valid password that a Customer who has an account with shnëdz may use in conjunction with the Username to access the relevant Website and/or Services.
1.12 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall 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.
1.13 “Website” means both the web and mobile versions of the website operated and/or owned by SGProtein Pte. Ltd. which is presently located at the following URL: www.shnedz.com.
1.14 “Privacy Policy” means the privacy policy set out at Privacy Policy.
1.15 “Product” means a product available for sale to Customers on the Website.
1.16 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libellous, or threatening;
(d) 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 Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.17 “Services” means services, information and functions made available by us at the Website.
1.18 “Submission” is as defined in Clause 7.1 of these Terms of Use.
1.19 “Terms of Use” means the recitals, Clauses 1 to 10 and any Schedules to these terms and conditions governing the Customer’s use of the Website and/or Services.
1.20 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Website.
1.21 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.22 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
1.23 “Customer Contract” shall be as defined in Clause 2.6.
1.24 “Return Policy” means the return policy set out at shnëdz return policy.
1.25 “Seller” means a seller of Products as described in Clause 2.3, and includes a Third Party Vendor.
2. Interpretation
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of shnëdz and the provision which is more favourable to shnëdz shall prevail.