Terms and Conditions
Welcome to AllCatering.SG
. Please read the following Website Terms and Conditions carefully before using this Site and/or the Services, so that you are aware of your legal rights and obligations with respect to The Kiwi Group Pte Ltd and/or its related entities.
By your access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. 1. Agreement
1.1 You hereby represent and warrant that:
1.2.1 you have read and agree to these Website Conditions;
1.2.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either;
(i) accessing this Site, using the Services and contracting in your own personal capacity;
(ii) accessing this Site, using the Services and contracting on behalf of a corporate entity;
(iii) contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website Conditions;
1.2.3 you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and
1.2.4 all of the information provided by you to AllCatering (including without limitation personal particulars and contact information) is accurate and complete.
1.2 AllCatering reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. ALLCATERING may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3 ALLCATERING may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under this Site.
“Agreement” means the agreement formed by these Website Conditions.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1 The Site is owned and maintained by ALLCATERING.
3.2 You acknowledge and agree that to access and use certain Services, you may be required to register as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions.
3.3 From time to time ALLCATERING will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4. Content Use Conditions
4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
4.1.1 any Service;
4.1.2 the Site;
4.1.3 any ALLCATERING Content except, to the extent permitted, with the prior written consent of ALLCATERING or unless expressly permitted in these Website Conditions; or
4.1.4 any Third Party User Content except, to the extent permitted, with the prior written consent of ALLCATERING and the owner or licensee of the specific User Content.
4.2 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, ALLCATERING Content, or Third Party User Content on another website or server, 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 ALLCATERING.
4.3 You may for your personal, non-commercial use:
4.3.1 retrieve and display ALLCATERING Content on any compatible device owned by you;
4.3.2 print a single copy of ALLCATERING Content on paper (but not photocopy them); and
4.3.3 store such ALLCATERING Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
4.4 All ALLCATERING Content are the copyrighted work of ALLCATERING or its content or software providers, and ALLCATERING reserves and retains all rights in the ALLCATERING Content. Use of some ALLCATERING Content may be governed by the terms of an accompanying end user license agreement.
4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any ALLCATERING Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or ALLCATERING in writing.
5. Intellectual Property
5.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all ALLCATERING Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with ALLCATERING.
5.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of ALLCATERING or other third parties, and all rights to the Marks are expressly reserved by ALLCATERING or relevant third parties. You are not permitted to use any Marks without the prior written consent of ALLCATERING or such third party. ALLCATERING and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of ALLCATERING or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of ALLCATERING.
5.3 The domain name on which the Site is hosted on is the sole property of ALLCATERING and you may not use or otherwise adopt a similar name for your own use.
5.4 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: support@AllCatering.com.sg.
6. Online Conduct
6.1 You hereby undertake:
6.1.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by ALLCATERING from time to time (which are hereby incorporated by reference into these Website Conditions);
6.1.2 not to use any Service or ALLCATERING Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
6.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
6.1.4 not to use the Account of another Member at any time, whether with or without his/her permission.
7. Disclaimers & Limitations
7.1 While we make every effort to ensure that all ALLCATERING Content displayed on the Site is accurate and complete, we provide the ALLCATERING Content for informative purposes and 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, ALLCATERING 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, ALLCATERING does not warrant that the functions contained in or access to the Site, Services, ALLCATERING Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, ALLCATERING Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any ALLCATERING Content in or with any Computer will not affect the functionality or performance of the Computer. ALLCATERING does not warrant or make any representations regarding the use or the results of the use of the ALLCATERING Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not ALLCATERING) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold ALLCATERING liable for the loss of any of your User Content that is due to any circumstances beyond the control of ALLCATERING.
7.2 Any arrangement or reservation made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. AllCatering will make best endeavours to ensure that reservation availability reflected on this is site is always accurate and up-to-date, but does not make guarantees on Third Party Products ability to honour such arrangements or reservations and expressly disclaims all liabilities or damages arising from the Third Party Products inability to do so.
7.3 You acknowledge and agree that ALLCATERING does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and ALLCATERING hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
7.4 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and ALLCATERING shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.5 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
7.6 You acknowledge that it is not ALLCATERING’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that ALLCATERING does not endorse and shall not be responsible for any such content.
7.7 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.8 You agree that:
7.8.1 ALLCATERING 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 Site or Services without assigning any reason; and
7.8.2 access to or the operation of the Site, Servers 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 in any such event, ALLCATERING shall not be liable for any loss, liability or damage which may be incurred as a result.
7.9 In no event shall ALLCATERING 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 ALLCATERING Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that ALLCATERING is liable for damages despite the foregoing provision, you agree that ALLCATERING’s aggregate liability to you for any and all causes of action in relation to the ALLCATERING Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to ALLCATERING for the one (1) month period immediately preceding the time such liability arose.
7.10 Under no circumstances, including, but not limited to, negligence, shall ALLCATERING be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the ALLCATERING Content, Services, Site, or any other website, even if ALLCATERING or a ALLCATERING authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.11 You agree that the above exclusions and limitations of liability enable the Services and the ALLCATERING Content to be provided by ALLCATERING at either reasonable costs or no costs to you.
8. Linked Sites
8.1 ALLCATERING may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. ALLCATERING has no control over, and is not responsible for the content on 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 of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
9.1 You agree to indemnify and hold ALLCATERING, and its subsidiaries, affiliates, 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:
9.1.1 any use of the Site or any Service;
9.1.2 your connection to the Site;
9.1.3 your breach of any terms and conditions of these Website Conditions;
9.1.4 your violation of any rights of another person or entity; or
9.1.5 your breach of any statutory requirement, duty or law.
10. Governing Law & Jurisdiction
10.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services 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.
10.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.