TERMS AND CONDITIONS
Effective date: October 26, 2016
Thank you for visiting the Fresh Pluswebsite ("website"). This website is owned and operated by FRESH PLUS LIMITED (“Fresh Plus” “we,” “us,” “our” “the company”).Because of the nature of the Internet and our desire to provide you with an enjoyable and helpful visit, it is important to advise you of the rules that apply to your use of our Website and ask that you read them carefully. This document ("Terms and Conditions") is a legally binding agreement between you (including the organization that you represent, if any) and the Company. When you visit or shop at this website you automatically agree to be bound by these Terms and Conditions.
Internet technologies, and the laws related to them, change frequently, and accordingly, the company reserves the right to modify these Terms and Conditions at any time. We will post a notice of such modified Terms and Conditions on the home page of this website. Your continued use of this website constitutes your acceptance of such modified Terms and Conditions. Whenever you visit this website you should review the Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use the website.
If you have any questions you may contact us at (65) 67182252.
This website may only be used by individuals and entities who can form legally binding contracts. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian, their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms and Conditions.
You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.
Copyright and Trademarks
The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the website and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
Intellectual Property Infringement Complaints
We respect the intellectual property rights of others and expect our users to do the same. The Intellectual Property in and to the Website, App 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 fully of the law. You may use the Website and App only for lawful purposes and in accordance with these Terms and Conditions. We may remove content that, in our sole discretion, appears to infringe the intellectual property rights of others or that is otherwise inappropriate for use on this website. In addition, we will terminate the accounts of users who infringe the intellectual property rights of others. We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Website, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, App or Services, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”) and provide the following information: (a) the physical or electronic signature of the rights owner or a person authorized to act on behalf of the owner; (b) identification of the right claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to allow us to locate the material, including the URL where the allegedly infringing material appears; (d) your name, address, telephone number and email address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Please send your notice to the following address:
FRESH PLUS LIMITED
Attn: Intellectual Property Officer
5 Little Road #03-01
Cemtex Industrial Building
Phone: (65) 67182252
Fax: (65) 67182276
This website or App invites you to make us an offer to buy the items shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the good(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. The risk of loss and title for all items purchased via this website or App passes to you upon delivery of the product to a common carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments and agree to hold us harmless for the same.
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the website and is otherwise valid.
Product Information, Pricing and Payment
It is our intention to make this website and App thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this website and App may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website and App is presented on an "as is" basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website and App or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
We may update the Website and App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and App may be out of date at any given time, and we are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website (in whole or in part), or close it indefinitely.
We attempt to describe our products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of the quality of your monitor and for other reasons. We cannot guarantee that your monitor's display of any color will be accurate. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our product descriptions.
If the actual price of any item ordered by you is higher than that reflected on the Website or App, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorize us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts.; (ii)in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.; (iii)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.
We accept payment for orders by MasterCard, Visa and PayPal only. Kindly note that PayPal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by PayPal is subject to change. Fresh Plus is unable to accept paper checks, food stamps, or third-party coupons.
By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to it. We may charge a fee of SGD $5 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing.If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you. Your right to use our services is subject to limits established by us and/or by your credit card issuer.
By posting, storing or transmitting any content on or to this website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.
We do not have the ability to control the nature of the content offered through this Website posted by third parties. You are solely responsible for your interactions with other users of this website and any content that you post. In particular, please do not request obscene, profane, threatening, illegal or otherwise inappropriate language in gift messages. We reserve the right, but have no obligation, to monitor interactions between you and other users of this website and take any other action to restrict access to, or the availability of, any material that we or another user of this website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms and Conditions).
In your use of this Website and App, you shall not: (i) in any way that violates any applicable local and international law or regulation.; (ii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.; (iii) interfere with or damage this website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (v) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (vi) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this website; (viii) use any meta tags or any other "hidden text" utilizing our name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Company; (x) engage in any activity that interferes with any third party's ability to use or enjoy this website; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
This website contains hyperlinks, plug-ins, widgets or other connections to outside services and resources ("Linked Sites") which are not owned, operated, or affiliated with the Company, and which the Company does not control. These hyperlinks take the user outside the website and any concerns or issues relating to goods or services offered for sale at such websites, or such websites themselves, should be directed to the particular company or resource that owns and/or operates this website in question.Fresh Plus has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. We do not endorse, recommend or guarantee any of the Linked Sites, and we expressly disclaim all liabilities and responsibilities arising in relation to any Linked Sites.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, Appand Services in any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
What follows applies only to your use of our Website, App, Services and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our return policy. If for any reason you are not satisfied with a purchase that you make from our Website or App, please return it. Instructions on how to do so will be included with your order. The following, though, is important information about your use of this Site.
THIS WEBSITE CONTENT IS PROVIDED "AS-IS" AND "AS AVAILABLE." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. THE COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
We will not be liable for failing to perform by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.
Our Rewards Program allows members to receive offers based on their purchases and their Activity Balance. The Rewards Program is subject to the Program Rules.
All notices required by or permitted to be given under these Terms and Conditions will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified Singapore post, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to the Company, you must use the address shown on this website. If we provide notice to you, we must use the contact information provided by you during the registration process. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery, (ii) if delivery by Singapore post, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Modification & Termination
The Company may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you. If you do not agree with any changes made to this website, you may elect not to use or visit this website.
We reserve the right to immediately terminate your right to use this website at any time and for any reason, with or without notice.
If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions.
If your account is terminated, the Company may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of this website. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP). Regardless of whether you have the right to access or use this website or the Services, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.
Governing Law & Jurisdiction
These Terms of Conditions and all matters relating to your access to, or use of, the website, App 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.