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Terms And Conditions
Please read through the following terms and conditions (“Terms and Conditions”) carefully as they govern the access and use of the websites of Hungry Bento (“we”, “our” or “Hungry Bento”) and the ordering of products or services from us. If you do not consent to the Terms and Conditions, you may not order our products or services and should not continue to access or use this website or any other websites owned or operated by Hungry Bento (collectively referred to as our “Website”). Should you have any questions about our Terms and Conditions, please contact us at email@example.com.
1. Application of the Terms and Conditions
By accessing our Website or by ordering our products or services (whether through our Website, hotline, email or otherwise), you are deemed to have consented to the Terms and Conditions.
2. Orders and Cancellations
2.1. When you make an order for our products or services (whether through our Website, hotline, email or otherwise), we are not bound by your order until we have accepted it. Our acceptance of your order for our products or services occurs when we send you a confirmation email about our acceptance of your order.
2.2. For the avoidance of doubt, we reserve the right to reject any order in our sole discretion without providing any reason.
2.3. Our cancellation policy for orders already accepted is stated on our Website and is updated from time to time. We will not allow any cancellation or claim of refund by you that is not in accordance with our cancellation policy.
2.4. We are entitled to cancel any order in our sole discretion for any reason, including without limitation:
a) the unavailability of the products or services ordered;
b) an error in the price, description or otherwise of our products or services; or
c) an error in your order.
2.5. If your order is cancelled by us, any payment already received by us from you will (subject to clause 2.6 below) be refunded to you. You agree and acknowledge that apart from any refund given, we will not be liable for any other expenses, damages, costs or loss whatsoever arising from the cancellation.
2.6. If your order is cancelled by us as a result of your having breached any of the Terms and Conditions, we shall be entitled to claim from you a sum representing any expenses, damages, costs or loss suffered or incurred by us arising from or related to your breach. We may deduct such sum from any payments already made by you to us and refund you the balance (if any) or claim against you for the shortfall (if any).
3. Your responsibilities with respect to your order
3.1. You are required to provide accurate and current information when you place an order with us. We will not be responsible for any delay or non-performance of our obligations if the delay or non-performance is due to any inaccurate or incomplete information provided to us (including, but not limited to, inaccurate contact details or an incomplete address for delivery).
3.2. Serving quantities and accessories provided are based on general consumption patterns. It is your responsibility to ensure products ordered are ample for your own event. Please call us at our hotline (6243 2243) if professional advice is required for order of bento, catering or other requirements.
3.3 Hungry Bento does not provide trash disposal services. Therefore, it is your responsibility to ensure that all trash is properly disposed of. Hungry Bento will not be liable for any costs arising from a failure to dispose of trash in a proper manner.
4. Your responsibilities with respect to the food consumed
4.1. You will have to exercise your own discretion as to whether the food provided by us is safe for your consumption if you have any food allergies. You will also have to caution and remind any person with food allergies to exercise his or her own discretion as to whether the food provided by us is safe for his or her consumption. Hungry Bento will not be able to and does not guarantee that every ingredient in our food will not contain traces of common allergens or any items that persons who consume our food may be allergic to. We do not assume any liability or responsibility for any food allergy caused directly or indirectly from the consumption of the food we have provided.
4.2. You must of course take the usual food-handling or consumption precautions when handling food provided by us including without limitation:
a) not exposing the food to flies, dust or other impurities;
b) not consuming food which has passed the consumption/expiry date/time;
c) not re-freezing food which has been thawed;
d) not consuming food (meant to be cooked) raw or undercooked;
e) washing utensils properly before using them to consume food; and
f) observing any specific food handling measures which we have informed you of (whether through our Website, any food-handling brochures or otherwise) in relation to the food we have supplied.
4.3. If you fail to observe the precautions mentioned under clause 4.2 or other usual precautions when handling food, Hungry Bento will not be liable for any damages, expenses, costs or loss arising directly or indirectly from the failure.
5. Payment for the products or services
5.1. Hungry Bento shall not be bound to deliver the products or services ordered by you unless we have received payment for your order.
5.2. As Hungry Bento is a GST registered business, Goods & Services Tax will be payable on all your orders at the prevailing rate required under Singapore law and will be automatically charged.
6.1. Our delivery schedules are stated on our Website and are updated from time to time. Hungry Bento will do our best to deliver the products to you according to the delivery schedules stated on our Website. However, the timing of our delivery may be affected by various factors including without limitation possible difficulties faced in relation to matters such as traffic, road conditions and weather, and we cannot guarantee that the products will arrive according to your selected delivery slot.
6.2. Please also refer to the “Delivery Info” pages on our Website as the other terms and conditions relating to delivery set out there also apply to your order.
7. Receipt of the delivery of our products and services
7.1. If you request us to deliver the products to another person, or if a person other than you takes possession of the products at your requested delivery address, that person shall be acting as your agent to receive the delivery of the products on your behalf.
7.2. You will be deemed to have received our products or services at the time you or your agent sign(s) our standard delivery note.
7.3. Unless the quality, fitness for purpose, description or quantity could not have been ascertained despite a careful inspection at the time of delivery, your or your agent’s signing on our delivery note shall be conclusive evidence that the delivered products and/or services (as the case may be) are of satisfactory quality, fit for the purpose communicated to us through your order and are of the correct description and quantity.
8. Spoiled, damaged, incorrect or missing products
8.1 Upon inspection at the time of delivery, if you discover that any products are spoiled, damaged, incorrect or missing, you are required to notify our office immediately at our hotline (6243 2243).
8.2 You agree and acknowledge that:
a) We have the right to inspect the products to determine whether the products are in fact spoiled, damaged, incorrect or missing.
b) We may request for you to return the spoiled, damaged or incorrect products to us before we provide you with any remedy stated in clause 8.3.
c) We may not be required to provide you with any remedy stated in clause 8.3 if you do not make reasonable efforts to prevent any further damage or deterioration of the products.
8.3. If we are of the opinion that the products are spoiled, damaged, incorrect or missing, we shall at our sole discretion be entitled to:
a) replace the spoiled or damaged products (whether entirely or as to any spoiled or damaged part) or to provide you with the correct or missing products;
b) refund an appropriate portion of the price you had paid; and/or
c) provide you with any other appropriate remedy.
9. Risk and Title
9.1. The risk in the products shall pass to you upon your receipt of the delivery of the products.
9.2. Subject to our having received full payment for the products, the title in the products shall pass to you upon your receipt of the delivery of the products.
10. Copyright and Trademark
10.1. This Website is owned and operated by Hungry Bento. Unless otherwise specified, all materials on this Website (except for any third-party logos or trademarked items), including but not limited to the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the property of Hungry Bento.
10.2. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use any content on our Website in any way except for your own personal, non-commercial use.
11. Disclaimer in relation to use of our Website
11.1. To the fullest extent permitted by law, the materials on this Website are provided on an “as-is” basis and Hungry Bento expressly disclaims all representations or warranties, express or implied, of any kind with respect to the use of the Website, including but not limited to its satisfactory quality or fitness for a particular purpose.
11.2. While Hungry Bento takes reasonable efforts to ensure that the information on our Website is accurate, we do not guarantee that our Website is free from errors or that the products or services on our Website are available at the time of your order. We do not accept responsibility or liability for any errors or omissions with respect to any information on our Website and we reserve the right to change the information published on our Website at any time.
11.3. Hungry Bento will not be liable for any costs or damage arising from your use of this Website, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in transmission or computer virus.
11.4. This Website may contain links to other websites on the internet that are owned and/or operated by third parties. By using our Website, you acknowledge that Hungry Bento is not responsible for the operation or content of any such third-party website.
11.5. All images or photos on our Website are for illustration purposes only and are not a representation or description of the products being sold. Actual items may vary from time to time. Serving quantities and weights given are based on approximation and are meant to be a guide only. Serving quantities may be varied without prior or subsequent notice given to you.
12. Liabilities and Indemnities
12.1. Except that any products provided by us shall be of a satisfactory quality, to the fullest extent permitted by law, all other conditions, guarantees, representations and warranties implied by statute or otherwise in connection with your access or use of (or inability to use) the Website or with the products or services provided by us, are expressly excluded.
12.2. Hungry Bento engages third-party delivery companies or businesses (“Delivery Company”) to deliver the products ordered by you. The staff of the Delivery Company (“Staff”) are not our employees and Hungry Bento is not responsible for the actions or omissions of these Staff which are not the direct result of any specific instructions given by us.
12.3. In the event that Hungry Bento is found to be liable to you, you expressly agree that the total liability of Hungry Bento to you in relation to or arising from:
a) any order or any product or service provided by Hungry Bento shall not exceed twice the price of the product or service giving rise to such claims; and
b) all other cases (including but not limited to your use of the Website) shall not exceed S$100.00.
12.4. You agree that the limitation of liability under clause 12.3 is comprehensive and applies to damages or compensation of any kind whether arising in contract, tort, equity or otherwise. Notwithstanding anything to the contrary in these Terms and Conditions, we shall not in any circumstances be liable for any indirect or punitive damages.
12.5. You undertake and agree to defend, indemnify and hold harmless Hungry Bento and its directors, officers and affiliated companies against any payments, fees, damages, loss, awards, expenses or costs in relation to any claim arising out of or in connection with a breach by you of any of these Terms and Conditions.
Without prejudice to any rights or remedies available to us, if we consider that you have breached any of the Terms and Conditions herein or in any other circumstances that we consider appropriate, we may in our sole discretion immediately terminate your access to the Website, your Website account, or your contract for the provision of our products and services without any prior notice to you.
In the event of any circumstances arising which are not within Hungry Bento’s control, including but not limited to any act of God, governmental act, fire, flood, explosion, civil commotion, strike or labour dispute, we shall not be liable to you for any delay or non-performance of our obligations.
No waiver of any rights or remedies by Hungry Bento shall be effective unless it is made in writing and signed by an authorised representative of Hungry Bento. A failure by Hungry Bento to exercise or enforce any rights available to us at law or under the Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate to bar the exercise or enforcement of any such rights at any subsequent time.
If at any time any one or more of the provisions of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions shall not be affected or impaired in any way.
17. Entire Agreement
The Terms and Conditions contain the entire agreement between the parties in relation to its subject matter and it supersedes and cancels any previous agreement, understanding or arrangement whatsoever between the parties in relation to the subject matter herein.
18. Our right to vary these Terms and Conditions
Hungry Bento may revise the Terms and Conditions at any time by updating our Website. It is your responsibility to check our Website periodically for changes. Your continued use of our Website or your order for our products or services following the updates to our Terms and Conditions constitutes your acceptance of these changes.
19. Governing Law and Jurisdiction
The Terms and Conditions shall be governed by and interpreted in accordance with the laws of Singapore and the parties hereby agree to submit to the exclusive jurisdiction of the courts of Singapore.
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