Succulent beef patties wrapped in homemade brioche buns
PREPBOX
Last Updated: 3 Aug 2021
These Terms of Use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform (defined below) or by hyperlink) (these “Terms”) govern your use of the websites and mobile applications provided by or on behalf of SK CATERING EVENTS PTE LTD or its related corporations and affiliates (referred to as “PrepBox” “we”, “us” or “our”) (collectively the “Platform”).
Please read these Terms carefully. By accessing or using the Platform, including for the ordering, receiving, using or consuming any meals or other products or services offered by PrepBox through the Platform or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel (collectively, “Third Party Channels”) (collectively, the “Products”), you agree to be bound by these Terms and all of the terms incorporated herein by reference, including our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform, order, receive or use the Products.
PrepBox reserves the right to change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. It is your responsibility to review the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are posted.
All photos and images of Products shown on the Platform are also for illustrative purposes only and may differ from the actual Products.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
- ELIGIBILITY
- The Platform may be used only by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. If you are using the Platform on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
- Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Products. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
- [We continually test new functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into the Platform or Products (collectively, “Test Features”). We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Test Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.]
- REGISTRATION, ACCOUNT AND COMMUNICATIONS
- To access and use certain areas or features of the Platform, you will need to register for an account on the Platform. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Platform on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Platform or your account. You further understand and agree that PrepBox may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
- By creating an account, you also consent to receive electronic communications from PrepBox (e.g., via email or by posting notices to the Platform). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- By providing your mobile phone number to us through the Platform or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of PrepBox, including auto-dialled calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of any Products. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while PrepBox processes your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
- PrepBox reserves the right to withdraw or amend any Product offerings, and any service or material we provide on the Platform, in our sole discretion without prior notice. PrepBox will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, PrepBox may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
- Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Platform and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
- OUR SERVICES
- Meal Subscriptions
We offer different weekly subscription plans for our meals (each, a “Meal Subscription”). If your Meal Subscription changes, the applicable weekly Meal Subscription price may also change. Changes to your Meal Subscription may also result in changes to any applicable shipping and handling charges and meal delivery times. If we change the prices or other charges associated with our various Meal Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on the Platform. The prices for the Meal Subscriptions can be found on plans and may be subject to change in the future. For more information about our Meal Subscriptions, please visit the Pricing page on our website and our FAQs.
- Continuous Subscriptions
- WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION (OR CHANGE YOUR MEAL SUBSCRIPTION FROM TIME TO TIME), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- PREPBOX (OR OUR THIRD-PARTY PAYMENT PROCESSOR(S)) IS AUTHORIZED TO CHARGE YOU BASED ON YOUR SELECTED PAYMENT METHOD ON A WEEKLY BASIS FOR YOUR MEAL SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES;
- THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE MEAL SUBSCRIPTIONS YOU SELECT; AND
- YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE PLATFORM OR APPLICABLE PRODUCTS IN ACCORDANCE WITH THESE TERMS.
- IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR(S)) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL OFFERINGS PURCHASED BY YOU FROM TIME TO TIME ON THE PLATFORM OUTSIDE OF OR IN EXCESS OF YOUR PLAN (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES).
- FOR MORE INFORMATION ABOUT OUR PRICING AND BILLING POLICIES RELATED TO MEAL SUBSCRIPTIONS, PLEASE VISIT THE PRICING PAGE ON OUR WEBSITE AND OUR FAQS.
- WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION (OR CHANGE YOUR MEAL SUBSCRIPTION FROM TIME TO TIME), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
- NUTRITION INFORMATION
- Please note that nutritional information on the Platform reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers. Except as required under applicable law, PrepBox does not guarantee the accuracy of any nutritional information provided by PrepBox. PrepBox will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase or consume are in accordance with your respective dietary needs, restrictions or preferences. Please note that excluding categories from your profile does not guarantee that your meals will exclude certain food product ingredients which may contain those products. As such, you should always check the ingredients associated with any products that you receive from PrepBox to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
- Content on the Platform may contain recipes, meal recommendations, dietary advice (collectively, “Food Information”) and the food products delivered in connection with the services on the Platform (collectively, the “Meal Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting or using any Food Information or partaking in any Meal Options, whether offered by and through the offerings on the Platform or otherwise. The Food Information and/or Meal Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Food Information and Meal Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
- BILLING
- By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Meal Subscription or account, as applicable, you remain responsible for any uncollected amounts and, with respect to your Meal Subscription, authorize us to continue billing the payment method, as it may be updated.
- You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Meal Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
- You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of the agreement under these Terms.
- PRICING AND AVAILABILITY
- All prices on the Platform are shown in Singapore dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes in accordance with these Terms. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of any Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Meal Subscription(s) in accordance with the cancellation policies set forth in these Terms, as applicable.
- All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Products and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time.
- RETURNS, REPLACEMENTS, REFUNDS AND CREDITS
- If you are dissatisfied with any Products ordered on the Platform for any reason, please contact us through the methods specified on the Platform. Depending on the circumstances, we may, in our sole discretion, replace the Product at our expense, provide you a full or partial refund of the purchase price for that Product, or provide you with credits for that Product that will automatically be applied to future orders under your Meal Subscription, as applicable (“Credits”). Notwithstanding the foregoing, Credits for certain types of Meal Subscriptions may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.
- We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you a refund, replacement, or Credit.
- In certain circumstances, such as if we want to thank you for your patience with a delayed delivery or to address another customer service issue, we may provide you customer experience Credits of promotional value that will be automatically applied to your next eligible Order under your Meal Subscription. Credits may only be redeemed for the type of Product for which they were issued. Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property.
- Credits only remain available if you maintain a valid account on the Platform. That means that if you cancel your account on the Platform, any outstanding Credits associated with that cancelled account will immediately expire. You may only redeem Credits after they are applied to your account on the Platform. If for some reason you believe that there is a discrepancy regarding your Credit balance, please contact us. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
- CANCELLATIONS AND MODIFICATIONS OF MEAL SUBSCRIPTIONS
- YOU MAY CANCEL OR MODIFY YOUR MEAL SUBSCRIPTION ONLINE AT ANY TIME BY EMAILING prepbox@createries.com OR FOLLOWING THE INSTRUCTIONS SET OUT IN FAQ OR BY CONTACTING CUSTOMER SUPPORT]. ANY MEAL ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR UPCOMING PAGE, HOWEVER, CANNOT BE CANCELLED [OR MODIFIED]. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER IDENTIFIED AS “PROCESSING” OR “SHIPPED” PRIOR TO THE CANCELLATION [OR MODIFICATION] OF YOUR MEAL SUBSCRIPTION.
- To avoid being charged for placed orders that you no longer wish to receive in the event of a Meal Subscription cancellation [or modification], you must cancel [or modify] prior to the date when you are to be charged for your next Order, [which is emailed to you each week and also displayed on [your Account Page (link)]]. The charge is typically [5 or 6 days] before your expected delivery, depending on your specified deadline, but can vary depending on shipping length and other factors.
- In the event you cancel your Meal Subscription, please note that we may still send you promotional communications about PrepBox, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
- [FOOD SUBSTITUTION POLICY]
- Although PrepBox takes every reasonable measure to have sufficient inventory to fill your order, availability of Product(s) may change without notice. PrepBox is not responsible for the unavailability of product due to popular demand, whether discontinued or still in production.
- In the completion of orders, PrepBox reserves the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
- SHIPPING AND DELIVERIES
- You agree to pay any shipping and handling charges shown at the time you make an Order. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your Order. Generally, shipping is handled by a third party courier. When you purchase a Product from the Platform, any shipping times shown are estimates only. Actual delivery dates may vary. You agree at all times that you will not obtain, or direct shipment of, a Product for export.
- All Products purchased from us are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled by one of our third party fulfilment partners title to and the risk of loss of such Product passes to you upon the fulfilment partner’s delivery of such Product to the third party courier, and when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.
- You are responsible for inspecting all Products for any damage or other issues upon delivery. In addition, except as required under applicable law, you are solely responsible for determining the freshness of the Products you receive. To maintain the quality and integrity of the Products, you should follow the storage instructions specified for each of the Products.
- [If you are not at home when your Product delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.]
- In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your meal ingredients is not feasible, we may cancel your meal delivery for the period so affected and issue you a Credit (defined below) or refund of the purchase price for that Product delivery, as determined at our discretion.
- CONTENT
- Unless otherwise indicated in writing by us, the Platform and all content and other materials contained therein, including, without limitation, the PrepBox logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (defined below), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of PrepBox or our licensors or users, as applicable, and are protected by applicable intellectual property laws and regulations.
- By us granting you access to the Platform, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Platform or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Platform or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Platform or Content, except as expressly permitted by us, and (f) use the Platform or Content other than for their intended purposes. Any use of the Platform or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of PrepBox or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
- INTELLECTUAL PROPERTY AND LINKS
- PrepBox’s logos and service names, logos or slogans that may appear on the Platform or Products are trademarks of PrepBox and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “PrepBox” or any other name, trademark or Product or service name of PrepBox without our prior written permission. In addition, the look and feel of the Platform and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of PrepBox and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Platform or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by PrepBox.
- If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by PrepBox. Any use of the Platform and/or the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
- All other names, logos, product and service names, designs and slogans on the Platform (other than those belonging to PrepBox) are the trademarks of their respective owners.
- You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Platform for non-commercial purposes, provided that such link does not portray PrepBox or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PrepBox logo or other proprietary graphic of PrepBox to link to the Platform without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any PrepBox trademark, logo or other proprietary information, including the images found on the Platform or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Platform without our express written consent.
- CHANGES TO THE PLATFORM
- We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Platform (or any features or parts thereof) or the provision of the Products at any time.
- PrepBox may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and PrepBox is under no obligation to update such material.
- THIRD PARTY CONTENT AND LINKS
- We may display content, advertisements and promotions from third parties through the Platform or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
- If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. PrepBox has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- USER CONDUCT
- The Platform may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Platform or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Platform.
- By using the interactive features and areas of the Platform, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts PrepBox or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a PrepBox employee or paid blogger);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Platform or Products, or that may expose PrepBox or others to any harm or liability of any type.
- Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Platform at your sole cost and expense.
- DISCLAIMER OF WARRANTIES
- YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING POTENTIAL ALLERGENS (SUCH AS MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
- WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE PLATFORM, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON THE PLATFORM, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE PLATFORM DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE PLATFORM MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.
- EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PREPBOX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PLATFORM, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE PLATFORM OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
- We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Platform (or any features or functionality of the Platform) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
- INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless PrepBox, and our respective past, present and future employees, officers, directors, contractors, consultants, shareholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “PrepBox Parties”), from and against all actual or alleged PrepBox Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Platform, Content or Products by you or any third party you authorize to access or use the Platform, Content or Products, (b) any User Content you create, post, share or store on or through the Platform or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify PrepBox of any third party Claims, cooperate with the PrepBox Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the PrepBox Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PrepBox.
- LIMITATION OF LIABILITY AND RELEASE
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PREPBOX PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE PLATFORM OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY PREPBOX PARTY, OR FROM EVENTS BEYOND THE PREPBOX PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE PREPBOX PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE PREPBOX PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED ON THE PLATFORM EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF MEAL INGREDIENTS, OR ACCESS OR USE OF THE PLATFORM OR CONTENT, EXCEED THE GREATER OF S$500 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE PREPBOX PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE PREPBOX PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PREPBOX PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
- THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
- GENERAL PROVISIONS
- Entire Agreement
These Terms (including all sub-terms set out in the definition of these Terms above) constitute the sole and entire agreement between you and PrepBox with respect to the Platform and all Products and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and all Products.
- Waiver and Severability
- No waiver by PrepBox of any of the terms and conditions set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PrepBox to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms.
- Governing Law
These Terms shall be governed and construed in accordance with Singapore law.
- Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator appointed in accordance with the SIAC Rules and the language of the arbitration shall be English.