Catersmith Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. TERMS OF WEBSITE USE

These terms of use (together with our Privacy Policy and Catering Terms and Conditions (each as defined in Section 2 (Other Applicable Terms) below)) (collectively, “Terms of Use”) govern your use of our website www.catersmith.com.sg and, unless otherwise stated, your use of any other website or mobile application owned or operated by Acacia Group Holdings Pte. Ltd. (“we” or “us”) (collectively, “our site”), whether as a guest or a registered user. Use of our site includes (without limitation) accessing, browsing or registering to use our site.

Please read these Terms of Use carefully before you start to use our site, as they will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these Terms of Use and that you agree to be legally bound by and will comply with them. Each time you use our site, you reaffirm your acceptance of the then-current Terms of Use.

If you do not agree to these Terms of Use, you must not use our site.

2. OTHER APPLICABLE TERMS

These Terms of Use refer to our Privacy Policy (“Privacy Policy”), which also apply to your use of our site. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you represent and warrant that all data provided by you is true, accurate and up to date.

If you use our site to make a catering or other order from any of our restaurant or other partners, our Catering Terms and Conditions (“Catering Terms and Conditions”) will apply to any and all such orders. By using our site to make any such order, you agree to be bound by our Catering Terms and Conditions and that such terms and conditions shall apply to any and all such orders.

3. CHANGES TO THESE TERMS

We may amend or revise these Terms of Use at any time in our sole and absolute discretion by amending this page. The amended Terms of Use shall be effective immediately upon posting by us and you agree to the new posted Terms of Use by continuing your use of our site.

Please check this page from time to time to take notice of any changes we make, as they are binding on you. If you do not agree with the amended Terms of Use, your only remedy is to discontinue using our site.

4. CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

5. OUR SITE AND SERVICES

We may offer one or more of the following services on or through our site (each a “Service” and collectively the “Services”):

  • real-time catering ordering platform;
  • access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and/or other types of works regarding both our partner restaurants and others;
  • search and/or filter engines or tools;
  • an advertising and branding platform for our restaurant and other partners;
  • a social networking platform;
  • email confirmations and alerts; and
  • any other features, content or applications that we may offer on or through our site from time to time in our sole and absolute discretion.

6. ACCESSING OUR SITE

We do not guarantee that our site, any content on it or our Services, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site or any of our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in Singapore. We do not represent or warrant that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside Singapore, you do so at your own risk.

7. YOUR ACCOUNT AND PASSWORD

You may be required to create an account and specify a username and password to use certain Services on our site. You agree and undertake that all information provided by yourself in connection with the registration process is true and complete and remains current and up to date. You must not impersonate any person or entity or misrepresent your identity or affiliation to any person or entity, including using another person’s username, password or other account information.

You are solely responsible for maintaining at all times the confidentiality of your password and your account and for all activity made by you or anyone that uses your account. You must not disclose your password, username or any other part of your account information to any third party. You acknowledge and agree that any unauthorised sharing or disclosure of your password will cause wrongful loss to us and constitutes an offence under Section 8 of the Computer Misuse Act (Cap.50A) (as amended from time to time).

You shall be solely responsible for all User Content (as defined in Section 14 (Content Standards) below) and all online activity on our site transmitted or conducted through the use of your username and password. We have no responsibility or liability for any loss, damage, costs, expenses or liabilities arising out of or in connection with the wrongful, unauthorised or fraudulent use of your username and password

We have the right to disable any username and/or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that your account has been compromised or accessed without your authority, you must promptly notify us at info@catersmith.com.sg. You agree to indemnify and hold Acacia Group Holdings Pte. Ltd., each of the other Catersmith Entities (as defined in Section 15 (Warranties) below), and each of their officers, employees, agents, representatives and service providers harmless from and against any and all claims, including but not limited to third party claims, demands, proceedings, damages, losses, costs and liabilities (including, without limitation, legal costs on a full indemnity basis) arising out of, or in connection with, someone else using your account as a result of your failure to use reasonable care to safeguard your username, password and/or account.

In addition to and without limiting the terms of our Privacy Policy, by providing the information requested for your account, you hereby consent and agree to our use and disclosure of all such information and information relating to your use of our site and/or Services for the following purposes:

  • to respond to your requests and queries;
  • to provide the Services to you;
  • to verify and process your personal particulars;
  • to communicate with you;
  • to enforce these Terms of Use, our Privacy Policy and/or our Catering Terms and Conditions and our legal rights and remedies;
  • for marketing research, user profile and statistical analysis;
  • to send you information, promotions, updates and marketing and advertising materials in relation to our Services and those of third party organisations;
  • complying with the law, the requests of law enforcement and regulatory officials, or order of court; and
  • for any other purpose, including, without limitation, the disclosure of such information to third parties for commercial/business reasons.

8. UPLOADING CONTENT TO OUR SITE

Whenever you make use of a Service or feature that allows you to upload User Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in Section 14 (Content Standards) below. You may only post User Content to our site if you are 18 years of age or older. You may only post User Content that you created or which the owner of the User Content has given you permission to post. If User Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parents or legal guardian, before you post the User Content. You must not post or distribute User Content that is illegal or that violates these Terms of Use.

You represent and warrant that: (a) any such User Content complies with the content standards set out in Section 14 (Content Standards) below, and you will be liable to us and indemnify us for any breach of that representation and warranty; (b) you own all right, title and interest in any such User Content or are authorised to use and distribute any such User Content on our site; and (c) any such User Content does not and will not infringe any copyright or any other third party right nor violate any law or regulation.

Any User Content you upload to our site will be considered non-confidential and non-proprietary and we will be free to use, reproduce, disclose and/or distribute any such User Content without limitation or obligation. By submitting and posting User Content to our site, you grant us an irrevocable, perpetual, worldwide licence to use, store, reproduce, display, distribute, adapt and/or promote that User Content in any medium. Once you submit or post User Content to our site, we are not required to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. You acknowledge and agree that we own all right, title and interest in any compilation, collective work or other derivative work created by us or incorporating User Content posted to our site.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for anything you may post on our site and for the consequences of posting anything on our site. We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of our site.

We have the right to remove any User Content you upload or post on our site if, in our sole and absolute discretion, your post does not comply with the content standards set out in Section 14 (Content Standards) below.

You are solely responsible for securing and backing up your User Content.

9. CONTENT POSTED BY OTHER USERS

The views expressed by other users on our site do not represent our views or values. Under no circumstances shall we be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any content posted by a third party on our site. If you become aware of misuse of our site by any person, please contact us at info@catersmith.com.sg.

10. VIRUSES

We do not guarantee that our site will be secure or free from bugs or Viruses (as defined in this Section below).

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, time or logic bombs, key stroke loggers, spyware, adware or any other harmful programs or similar computer code (individually, a “Virus” and collectively, “Viruses”) which are malicious, destructive, technologically harmful or designed to adversely affect the operation of any computer hardware or software. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by any Virus, denial-of-service attack, distributed denial-of-service attack, or other malicious, destructive or technologically harmful material that may infect your computer hardware, computer software, data or other proprietary material due to your use of our site or your downloading of any content on it, or on any website linked to it.

11. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

The website in which you are linking must comply in all respects with the content standards set out in Section 14 (Content Standards). We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact us at info@catersmith.com.sg.

12. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over nor do we endorse the contents of those sites or resources. Some of these sites or resources may contain material that is objectionable, unlawful or inaccurate. You acknowledge and agree that we are not responsible or liable for any content or other materials on any of these third party sites or resources or for any loss or damage that may arise from your use of them.

13. PROHIBITED USES

You may use our site only for lawful purposes. You must not use our site for any unlawful or prohibited activity, including (without limitation) the following:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in Section 14 (Content Standards) below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly transmit any data, send or upload any material that contains any Virus which is malicious, destructive, technologically harmful or designed to adversely affect the operation of any computer software or hardware;
  • posting content that infringes the intellectual property rights, privacy rights, trade secret rights or any other rights of any other third party;
  • posting content that constitutes cyber-bullying, as determined by us in our sole and absolute discretion;
  • posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, as determined by us in our sole and absolute discretion;
  • harvesting or otherwise collecting information about others, including email addresses, without their consent;
  • allowing any other person or entity to use your identity for posting or viewing comments;
  • engaging in any conduct that restricts or inhibits any other person from using or enjoying our site, or which in our sole and absolute discretion, exposes us or any of our customers or suppliers or any other parties to any liability or detriment of any type whatsoever; or
  • encouraging or procuring any other person to engage in any of the above unlawful or prohibited activities.

We reserve the right (but are not obligated) to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, engages in any such unlawful and/or prohibited activity.

You also undertake and agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of any provision of these Terms of Use; or
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

14. CONTENT STANDARDS

The content standards set out in this Section 14 apply to any and all material and/or content which you contribute, transmit, post and/or upload to our site (“User Content”).

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any User Content as well as to its whole.

User Content must (including, without limitation):

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with applicable law in Singapore and in any country from which they are posted.

User Content must not (including, without limitation):

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that it emanates from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

15. WARRANTIES

Our site and its content are provided on an “as is” basis. To the fullest extent permitted by law, Acacia Group Holdings Pte. Ltd., its parents, subsidiaries, affiliates and businesses (including, without limitation, Catersmith) (as applicable) (individually and collectively, the “Catersmith Entities”), and each of their officers, employees, agents, representatives and service providers, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Catersmith Entities, their officers, employees, agents, representatives and service providers cannot and do not guarantee or warrant that: (a) our site will be reliable, accurate, complete or updated on a timely basis; (b) our site will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from our site will be free of Viruses; (d) any User Content you post on our site will remain on our site; or (e) the Services, functions or features performed on our site will be uninterrupted or error-free or that defects in our site will be corrected.

You hereby represent and warrant that: (i) you have read and agree to these Terms of Use, our Privacy Policy and our Catering Terms and Conditions; (ii) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms of Use, our Privacy Policy and our Catering Terms and Conditions; (iii) you are authorised to bind the entity (yourself or your corporate entity, as the case may be) on whose behalf you are contracting and you or your corporate entity (as the case may be) agree to be bound by these Terms of Use, our Privacy Policy and our Catering Terms and Conditions; and (iv) all of the information provided by you to us (including, without limitation, personal particulars and contact information) is accurate, complete and up to date.

16. LIMITATION OF OUR LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Singapore law.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site or Services; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17. INDEMNIFICATION

You agree to indemnify, defend and hold Acacia Group Holdings Pte. Ltd., each of the other Catersmith Entities, and each of their officers, employees, agents, representatives and service providers harmless from and against any and all claims, including but not limited to third party claims, demands, proceedings, damages, losses, costs and liabilities (including, without limitation, legal costs on a full indemnity basis) arising out of, or in connection with: (a) your breach of any terms and conditions of these Terms of Use, our Privacy Policy and/or our Catering Terms and Conditions; (b) your use of our site or any Service; (c) your connection to our site; (d) your violation of any rights of another person or entity; or (e) your breach of any statutory requirement, duty, law or regulation.

18. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

19. TRADE MARKS AND COPYRIGHT

All trademarks, logos and service marks displayed on our site are registered and unregistered trademarks of Acacia Group Holdings Pte. Ltd. and/or third parties who have authorised their use by us (collectively, the “Trademarks”).

You must not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the Trademarks in any way whatsoever. The use of our Trademarks is strictly prohibited without our prior written consent.

All of the material contained on our site is copyrighted. We do not represent or warrant that your use of any materials displayed on our site will not infringe the rights of any third party not owned by or affiliated to us. Use of any materials on our site is at your own risk.

20. SUSPENSION AND TERMINATION

We have the right to terminate your account and access to our site for any reason, including, without limitation, if we, in our sole and absolute discretion, consider your use of our site and/or Services to be unacceptable, or in the event of any breach by you of these Terms of Use. We may, but shall be under no obligation to, provide you with a warning prior to termination of your use of our site and/or Services.

We will determine, in our sole and absolute discretion, whether there has been a breach of the policies set out in Section 13 (Prohibited Uses) and/or Section 14 (Content Standards), as the case may be, of these Terms of Use through your use of our site and/or Services. When a breach of these policies has occurred, we may take such action as we deem appropriate in our sole and absolute discretion.

Failure to comply with these policies constitutes a material breach of these Terms of Use upon which you are permitted to use our site and/or Services, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site
  • immediate, temporary or permanent removal of any User Content uploaded by you to our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all fees, costs and expenses on a full indemnity basis (including, without limitation, administrative and legal fees, costs and expenses) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude any and all liability for actions taken in response to breaches of these Terms of Use. The responses described in this Section 20 are not limited, and we may take any other action we reasonably deem appropriate in our sole and absolute discretion.

21. SEVERANCE

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section 21 shall not affect the validity and enforceability of the rest of these Terms of Use.

22. NO PARTNERSHIP

Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between us and yourself and neither us or yourself shall have any authority to bind the other in any way.

23. WAIVER

No waiver of any rights or remedies by us shall be effective unless made in writing and signed by one of our authorised representatives. A failure by us to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

24. APPLICABLE LAW

These Terms of Use (including, our Privacy Policy and Catering Terms and Conditions), and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Singapore.

You irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use (including, our Privacy Policy and Catering Terms and Conditions) or their subject matter or formation (including non-contractual disputes or claims).

25. CONTACT US

Any questions or comments? Please send us an email at info@catersmith.com.sg.