1. INTRODUCTION

1.1 Welcome to the TheFoodCompany (TFC) platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a TheFoodCompany (TFC) account (“Account”) so that you are aware of your legal rights and obligations with respect to TheFoodCompany (TFC) Limited and its Affiliates and subsidiaries (individually and collectively, “TheFoodCompany (TFC)”, “we”, “us” or “our”). For the purposes of these Terms of Services, “Affiliates” means, with respect to an entity, any entity that Controls, is Controlled by, or is under common Control with, that entity, where “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management, operating policies, or assets of that entity, whether by way of ownership of more than 50% of its voting or equity securities or assets, or by way of contract, management agreement, voting trust, or otherwise; provided that the term “Affiliates” shall include any variable interest entity regardless of whether any variable interest entity may be, or required to be, consolidated with that entity under generally accepted accounting principles. 

1.2 The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by TheFoodCompany (TFC) client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by TheFoodCompany (TFC). The Services include an online platform service that provides a place and opportunity for the sale of goods between the Buyer (“Buyer”) and the seller or home-chef (“Seller” or “Home-chef”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer or Seller or Home-chef and TheFoodCompany (TFC) is not a party to that or any other contract between Buyer or Seller or Home-chef and accepts no obligations in connection with any such contract. Parties to such a transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. TheFoodCompany (TFC) is not involved in the transaction between Users. TheFoodCompany (TFC) may or may not pre-screen Users or the Content or information provided by Users. TheFoodCompany (TFC) reserves the right to remove any Content or information posted by you on the Site in accordance with Section 6.4 herein. TheFoodCompany (TFC) cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto. 

1.4 TheFoodCompany (TFC) reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. TheFoodCompany (TFC) may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. TheFoodCompany (TFC) may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability. 

1.5 TheFoodCompany (TFC) reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

1.6 BY USING THEFOODCOMPANY (TFC) SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. 

1.7 IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 At TheFoodCompany (TFC), safeguarding your privacy is of utmost importance to us. We have developed TheFoodCompany (TFC) Privacy Policy to elaborate on our privacy practices and ensure your rights are protected. Please take the time to review our Privacy Policy carefully to gain insight into how TheFoodCompany (TFC) collects and utilises the information associated with your Account and/or your usage of the Services (referred to as “User Information”). By utilising the Services or providing information on the Site, you:

2.1.1 Consent to TheFoodCompany (TFC) collection, use, disclosure, and/or processing of your Content, personal data, and User Information as outlined in the Privacy Policy.

2.1.2 Acknowledge and agree that the proprietary rights to your User Information are jointly held by you and TheFoodCompany (TFC).

2.1.3 Commit to refraining, whether directly or indirectly, from disclosing your User Information to any third party, or allowing any third party to access or utilise your User Information, without obtaining prior written consent from TheFoodCompany (TFC)

2.1.4 Users who acquire another User’s personal data through the Services (referred to as the “Receiving Party”) hereby agree to: Abide by all relevant personal data protection laws concerning any such data. Allow the User from whom personal data was obtained (referred to as the “Disclosing Party”) to remove their collected data from the Receiving Party’s database. Permit the Disclosing Party to review the information collected about them by the Receiving Party, in compliance with applicable laws and as required.

3. LIMITED LICENCE

3.1 TheFoodCompany (TFC) grants you a limited and revocable licence to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of TheFoodCompany (TFC) and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.1.1 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with TheFoodCompany (TFC). You acknowledge that TheFoodCompany (TFC) may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. TheFoodCompany (TFC) reserves all rights to the software not expressly granted by TheFoodCompany (TFC) hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by TheFoodCompany (TFC).

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that TheFoodCompany (TFC), in its sole discretion, finds offensive or inappropriate, TheFoodCompany (TFC) has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. TheFoodCompany (TFC) has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify TheFoodCompany (TFC) of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. TheFoodCompany (TFC) will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that TheFoodCompany (TFC) may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that TheFoodCompany (TFC) deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same  Seller and/or Home-chef or related group of  Seller and/or Home-chef, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site, (h) failure to make timely payment of any outstanding amount including overdue amounts on bank loans (or other obligation) owed to TheFoodCompany (TFC) or any of its Affiliates (subject to applicable law), or (i) behaviour that is harmful to other Users, third parties, or the business interests of TheFoodCompany (TFC). Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, TheFoodCompany (TFC) may terminate your Account immediately with or without notice.

5.3.1 Users may terminate their Account if they notify TheFoodCompany (TFC) in writing (including via email at info@TheFoodCompany.sg) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact TheFoodCompany (TFC) after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. TheFoodCompany (TFC) shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by TheFoodCompany (TFC).

5.3.2 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

6. TERM OF USE

6.1 The licence for use of this Site and the Services is effective until terminated. This licence will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, TheFoodCompany (TFC) may affect such termination with or without notice to you.

6.1.1 You agree not to: 

6.1.1.1 upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

6.1.1.2 violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy; 

6.1.1.3 use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; 

6.1.1.4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; 

6.1.1.5 remove any proprietary notices from the Site; 

6.1.1.6 use the Services for the benefit of any third party or any manner not permitted by the licences granted herein; 

6.1.1.7 use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

6.1.1.8 open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

6.1.1.9 access the TheFoodCompany (TFC) platform, open a user account, or otherwise access your user account using any non-official TheFoodCompany (TFC) hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software; 

6.1.1.10 manipulate the price of any item or interfere with other User’s listings; 

6.1.1.11 attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by TheFoodCompany (TFC) with respect to the Services and/or data transmitted, processed or stored by TheFoodCompany (TFC); 

6.1.1.12 harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information; 

6.1.1.13 upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

6.1.1.14 upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.1.1.15 upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation; 

6.1.1.16 upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment; 

6.1.1.17 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges; 

6.1.1.18 interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 

6.1.1.19 take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

6.1.1.20 use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; 

6.1.1.21 Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury; 

6.1.1.22 use the Services to violate the privacy of others or to “stalk” or otherwise harass another; 

6.1.1.23 infringe the rights of TheFoodCompany (TFC), including any intellectual property rights and any passing off of the same thereof;

6.1.1.24 use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; 

6.1.1.25 list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or (cc) direct or encourage another user to conduct a transaction other than on the Site;

6.1.1.26 upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way; 

6.1.1.27 cause, permit or authorise the modification, creation of derivative works, or translation of the Services without the express permission of TheFoodCompany (TFC); 

6.1.1.28 take any action that may undermine the feedback or ratings systems.

6.2 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not TheFoodCompany (TFC), are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will TheFoodCompany (TFC) be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.3 You acknowledge that TheFoodCompany (TFC) and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, TheFoodCompany (TFC) and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by TheFoodCompany (TFC) or submitted to TheFoodCompany (TFC), including, without limitation, information in TheFoodCompany (TFC) Forums and in all other parts of the Site.

6.4 You acknowledge, consent to and agree that TheFoodCompany (TFC) may access, preserve, and/or disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over TheFoodCompany (TFC), or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TheFoodCompany (TFC), its Users and/or the public.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

7.1.1 Listing deletion

7.1.2 Limits placed on Account privileges 

7.1.3 Account suspension and subsequent termination

7.1.4 Criminal charges 

7.1.5 Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.

7.2 If you believe a User on our Site is violating these Terms of Service, please contact info@thefoodcompany.sg

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, TheFoodCompany (TFC) does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with TheFoodCompany (TFC) in any way and TheFoodCompany (TFC) is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.3 TheFoodCompany (TFC) acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, TheFoodCompany (TFC) generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law. 

8.4 Without limitation to the indemnity, each and every Seller and/or Home-chef agrees to indemnify and hold TheFoodCompany (TFC) and its Affiliates harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any intellectual property infringement claim, complaint, or violation relating to any Content or product listings, and/or (b) any removal of such Content or product listings pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.

9. PURCHASE AND PAYMENT

9.1 At TheFoodCompany (TFC), we facilitate a direct transaction process between Seller and/or Home-chef and/or Buyer for the purchase of delicious meals. We do not participate in any payment transactions; instead, Seller and/or Home-chef and/or Buyer will liaise directly regarding payment methods. Prior to making a purchase, buyers are encouraged to communicate with the Seller and/or Home-chef to determine their preferred mode of payment. Please note that TheFoodCompany (TFC) bears no responsibility or liability for any issues related to shipping or payment information provided by the Buyer, or for any incorrect remittance made by the Buyer during the payment process. We reserve the right to verify the Buyer authorization to use a particular payment method and may temporarily suspend transactions until such authorization is confirmed. In cases where authorization cannot be verified, we retain the right to cancel the transaction. We aim to facilitate a secure and transparent transaction process while empowering our valued Seller and/or Home-chef and/or Buyer alike.

9.2 TheFoodCompany (TFC) takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether the Buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

10. DELIVERY

10.1 Home-chef or/and Seller should then make the necessary arrangements to have the purchased item delivered to the Buyer and provide details such as the name of the delivery company, the tracking number, etc. to the Buyer through the Site.

10.2 Seller and/or Home-chef must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the time period specified (for offline payment) by Seller and/or Home-chef on Seller and/or Home-chef listing. 

10.3 Users understand that Seller and/or Home-chef bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that TheFoodCompany (TFC) will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Home-chef and/or Buyer will reach out to the logistic service provider to resolve such dispute.

10.4 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Seller and/or Home-chef and/or Buyer, In such proportions as may be determined by TheFoodCompany (TFC) and published on the Site from time to time. Buyer shall pay the total Shipping Fee to the delivery company.

10.5 For the avoidance of doubt, any TheFoodCompany (TFC) supported logistics services provided to Seller and/or Home-chef and/or Buyer for local freight, are provided or managed by Delyva Delivery Service.

11. CANCELLATION, RETURN AND REFUND

11.1 Buyer may apply for the return of the purchased item and refund, subject to and in accordance with Seller and/or Home-chef. For TheFoodCompany (TFC) Refunds and Return Policy for further information.

11.2 TheFoodCompany (TFC) reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer sole remedy will be to receive a refund via the same payment method used by the Buyer for the original purchase.

11.3 TheFoodCompany (TFC) does not monitor the cancellation, return and refund process for offline payment.

11.4 Refunds to Buyer shall be made via the same payment method used by the Buyer for the original purchase (“Original Payment Method”) within the applicable timeline published from time to time.

11.5 In the event that Seller and/or Home-chef is unable to effect the refund via the Original Payment Method for any reason whatsoever (including, but not limited to, where the Original Payment Method is no longer valid or cannot be used to receive funds), Buyer acknowledges and agrees that (i) the Seller and/or Home-chef may affect the refund via the issuance of vouchers (of equivalent value to the refund amount) in accordance with such timeline as may be determined by the Seller and/or Home-chef, and (ii) upon issuance of such vouchers, Buyer shall have no further right or claim against TheFoodCompany (TFC) in connection with such refund.

11.6 5.3 Buyers and/or Customers can request returns and refunds using our convenient live chat and support ticket features. These communication channels are designed to facilitate direct interaction with sellers and/or home chefs, ensuring that any inquiries or issues can be promptly addressed and resolved to the satisfaction of all parties involved. Whether it’s a question about a product or a request for a refund, our platform is committed to providing efficient and effective customer support to enhance your shopping experience.

12. HOME-CHEF RESPONSIBILITIES

12.1 Seller and/or Home-chef shall properly manage and ensure that relevant information of the item (such as the price, item specifications and inventory amount) and any terms and conditions for sales is updated on Seller and/or Home-chef  listing and shall not post inaccurate, misleading or incomplete information.

12.2 The price of items for sale will be determined by the Seller and/or Home-chef at his/her own discretion.

12.3 For local orders where items are located in Singapore at the point of sale, Seller and/or Home-chef, if registered for Goods and Services Tax (“GST”) in Singapore, is required to provide the GST inclusive prices to Buyer and shall issue tax invoice, receipt or credit note, where applicable, to Buyer on request.

12.4 Seller and/or Home-chef is responsible for responding to Buyer queries on Seller and/or Home-chef GST registration status.

12.5 Seller and/or Home-chef agrees that TheFoodCompany (TFC) may at its discretion engage in promotional activities to induce transactions between Seller and/or Home-chef and/or Buyer by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

12.6 For the purpose of promoting the sales of the items listed by Seller and/or Home-chef, TheFoodCompany (TFC) may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by TheFoodCompany (TFC).

12.7 Seller and/or Home-chef acknowledges and agrees that Seller and/or Home-chef will be responsible for paying all taxes, customs and duties for the item sold and TheFoodCompany (TFC) cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Seller and/or Home-chef are advised to seek professional advice if in doubt.

12.8 Seller and/or Home-chef acknowledges and agrees that the Seller and/or Home-chef violation of any of TheFoodCompany (TFC) privacy policy will result in a range of actions.

13. PAID ADVERTISING

13.1 TheFoodCompany (TFC) offers banner advertising (“Banner Advertising”) and other advertising services, including participation in flash deals (“Flash Deal Advertising”) and/or On Sales Advertising (“On Sales Advertising”) and/or Feature Products Advertising (“Feature Products Advertising”) and/or Promotion Page Advertising (“Promotion Page Advertising”) (Banner Advertising, Flash Deal Advertising, Feature Products Advertising, On Sales Advertising and Promotion Page Advertising) hereinafter referred to together as “Paid Advertising”) on its Paid Advertising Site and other site/s on an ongoing basis. Seller and/or Home-chef may purchase the Paid Advertising services. TheFoodCompany (TFC) provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Seller and/or Home-chef in writing (hereinafter referred to as the “Paid Advertising Rules”). Seller and/or Home-chef who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.

13.2 In order to purchase Paid Advertising services, you must be an eligible Seller and/or Home-chef under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising services, your Account must not be suspended.

13.3 You may purchase Paid Advertising services and all Advertising Fees will be subject to goods and services tax and expire after six (6) months of purchase, or such other time as determined by TheFoodCompany (TFC). Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Service and completed the payment process.

13.4 You have the option to purchase Flash Deal Advertising services during the periods nominated by TheFoodCompany (TFC). When you purchase Flash Deal Advertising services, you may nominate items to be included in a flash sale and TheFoodCompany (TFC) may include such items in a flash sale at its sole and absolute discretion. TFC Ad services are not transferable to other items once used, regardless of whether the items are sold/unsold, or unlisted during the flash sale. The purchase of Advertising Service will also not be refunded.

13.5 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that TheFoodCompany (TFC) has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Service you have used in relation to any listing removed will not be refunded. TheFoodCompany (TFC) will also not be liable to compensate you for any loss whatsoever in relation to listings removed.

13.6 You understand and agree that TheFoodCompany (TFC) does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services. 

13.7 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, TheFoodCompany (TFC) shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.

13.8 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, TheFoodCompany (TFC) IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.

14. BENEFITS

14.1 To ensure a positive and productive experience for all parties involved, we have established the following terms and conditions governing your use of our platform and the benefits provided to you:

14.1.1 Customer-Vendor Live Chat and Support Ticket:

14.1.1.1 Sellers and Home-Chefs are provided with access to customer-vendor live chat and support ticket features to facilitate communication with buyers and resolve any inquiries or issues promptly.

14.1.2 Store Invoice, Commission Invoice & Packing Slip:

14.1.2.1 Sellers and Home-Chefs can generate store invoices, commission invoices, and packing slips for each order to maintain transparency and streamline the delivery process.

14.1.3 Shipment Tracking:

14.1.3.1 Sellers and Home-Chefs have the ability to provide shipment tracking information to buyers, allowing them to monitor the status of their orders and ensure timely delivery.

14.1.4 Vendor Verification and Following – Followers:

14.1.4.1 Sellers and Home-Chefs undergo a verification process to enhance credibility and trust among buyers. They can also engage with customers through following and followers features.

14.1.5 Vendor Badges:

14.1.5.1 Sellers and Home-Chefs may earn vendor badges based on their performance and adherence to platform guidelines, which can enhance visibility and reputation on the platform.

14.1.6 Vacation Mode:

14.1.6.1 Sellers and Home-Chefs can utilise vacation mode to temporarily pause operations and manage customer expectations during periods of absence or unavailability.

14.1.7 Product Management Features:

14.1.7.1 Sellers and Home-Chefs are provided with various product management features such as bulk stock manager, quick edit, bulk edit, featured product, and duplicate product functionalities to optimize listing and inventory management.

14.1.8 Product Customization and Validation:

14.1.8.1 Sellers and Home-Chefs have the flexibility to customize product fields and validate information to ensure accuracy and completeness of product listings.

14.1.9 Product Limit & Allowed Category Capability:

14.1.9.1 Sellers and Home-Chefs can set product limits and determine allowed categories to effectively manage their inventory and offerings on the platform.

14.1.10 Delivery Date Management and Distance Adjustment:

14.1.10.1 Sellers and Home-Chefs can manage delivery dates and adjust delivery fees based on distance to provide flexibility and convenience to buyers.

14.1.11 Advertising Purchase:

14.1.11.1 Sellers and Home-Chefs have the option to purchase banner advertising and flash deal advertising to promote their products and increase visibility on the platform.

14.1.12 Utilisation and Compliance:

14.1.12.1 Sellers and Home-Chefs are encouraged to utilise the provided features and benefits responsibly and in accordance with platform guidelines. Any misuse or abuse of the features may result in penalties, suspension, or termination of the account.

14.1.13 Sellers and Home-Chefs are responsible for ensuring the accuracy, legality, and quality of their products and listings on the platform.

14.1.14 Non-compliance with terms and conditions may lead to restrictions on account privileges or account suspension or termination.

Note*

By accepting these terms and conditions, Sellers and Home-Chefs acknowledge their understanding of the benefits and responsibilities associated with using TheFoodCompany (TFC) platform.

15. PURCHASE AND SALE OF ALCOHOL

15.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is permitted by TheFoodCompany (TFC) subject to the terms and conditions of this Section 19. If you are a Buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have consented to the terms and conditions in this Section 18 when you purchase Alcohol on the Site. Similarly, if you are an approved Seller and/or Home-chef of Alcohol (“Alcohol Seller”), you will be deemed to have consented to the terms and conditions in this Section 18 when you sell Alcohol on the Site.

15.1.1 If you are an Alcohol Buyer:

15.1.1.1 you represent and warrant that you and (if applicable) the person receiving the Alcohol (“Recipient”) are aged 18 or above; 

15.1.1.2 you shall not request delivery of Alcohol to any public place (as that term is defined in the Liquor Control (Supply and Consumption) Act 2015 as amended from time to time); and 

15.1.1.3 If requested by an Alcohol Seller or TheFoodCompany (TFC) (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.

15.1.2  If you are an Alcohol Seller, you represent and warrant that: 

15.1.2.1 you hold all necessary licences and/or permits to sell Alcohol through the Site, and shall provide a copy of such licences and/or permits and supporting documents to TheFoodCompany (TFC) immediately upon request for verification purposes; and

15.1.2.2 All information and documents provided to TheFoodCompany (TFC) are true and accurate.

15.2 When delivering Alcohol to an Alcohol Buyer:

15.3 the delivery agent reserves the right to request for valid photo identification for age verification purposes; and

15.4 TheFoodCompany (TFC) (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.

15.5 Each Alcohol Buyer and Alcohol Seller severally agrees to indemnify, defend and hold harmless TheFoodCompany (TFC), and its shareholders, subsidiaries, Affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any inaccuracy or breach of its representations and (b) its breach of any law or any rights of a third party

16. DISPUTES

16.1 In the event a problem arises in a transaction, such a problem shall be resolved between Seller and/or Home-chef and/or Buyer and/or Logistic Partner according to TheFoodCompany (TFC) policies.

16.2 Each Seller and/or Home-chef and/or Buyer and/or Logistic Partner covenants and agrees that it will not bring suit or otherwise assert any claim against TheFoodCompany (TFC) or its Affiliates (except where TheFoodCompany (TFC) or its Affiliates is the Seller and/or Home-chef of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

16.3 Users may send a written request to TheFoodCompany (TFC) to assist them in resolving issues which may arise from a transaction upon request. TheFoodCompany (TFC) may, at its sole discretion and with absolutely no liability to Seller and/or Home-chef and/or Buyer and/or Logistic Partner, take all necessary steps to assist Users resolving their dispute. For more information, please refer to TheFoodCompany (TFC) Refunds and Return Policy.

16.4 To be clear, TheFoodCompany (TFC) is not liable for any dispute between Seller and/or Home-chef and/or Buyer and/or Logistic Partner. Buyer should contact the Seller and/or Home-chef directly for his/her purchase.

17. FEEDBACK

17.1 TheFoodCompany (TFC) welcomes information and feedback from our Users which will enable TheFoodCompany (TFC) to improve the quality of service provided. Please refer to our feedback procedure below for further information:

17.1.1 Feedback may be made in writing through email to or using the feedback form found on the Website or App.

17.1.2 Anonymous feedback will not be accepted.

17.1.3 Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

17.1.4 Vague and defamatory feedback will not be entertained.

18. DISCLAIMERS

18.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THEFOODCOMPANY (TFC) OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEFOODCOMPANY (TFC) DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

18.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.3 THEFOODCOMPANY (TFC) HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF HOME CHEF TO SELL ITEMS OR OF BUYER TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE THEFOODCOMPANY (TFC) AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

19. EXCLUSIONS AND LIMITATIONS OF LIABILITY

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THEFOODCOMPANY (TFC) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

19.1.1 LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOODWILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

19.1.2 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF THEFOODCOMPANY (TFC) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.1.3YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

19.1.4 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, THEFOODCOMPANY (TFC) IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE THEFOODCOMPANY (TFC) GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).

19.1.5 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEFOODCOMPANY (TFC) NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF THEFOODCOMPANY (TFC) THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

20. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE

20.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of TheFoodCompany (TFC) in any manner whatsoever and you therefore access them at your own risk. TheFoodCompany (TFC) is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. TheFoodCompany (TFC) is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by TheFoodCompany (TFC) of any linked site and/or any of its content therein.

20.2 TheFoodCompany (TFC) allows you to share videos from YouTube on TheFoodCompany (TFC) Website (“YouTube Content”).  By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

21. YOUR CONTRIBUTIONS TO THE SERVICES

21.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licences below to TheFoodCompany (TFC). You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant TheFoodCompany (TFC) and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

21.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to TheFoodCompany (TFC) by any means (each, a “Submission”), is not considered confidential by TheFoodCompany (TFC) and may be disseminated or used by TheFoodCompany (TFC) without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to TheFoodCompany (TFC) , you acknowledge and agree that TheFoodCompany (TFC) and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant TheFoodCompany (TFC) and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

22. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

22.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, TheFoodCompany (TFC) is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold TheFoodCompany (TFC) responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

22.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by TheFoodCompany (TFC). Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. TheFoodCompany (TFC) has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that TheFoodCompany (TFC) shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that TheFoodCompany (TFC) may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

23. YOUR REPRESENTATIONS AND WARRANTIES

23.1 You represent and warrant that:

23.1.1 You possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

23.1.2 You will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

24. FRAUDULENT OR SUSPICIOUS ACTIVITY

24.1 If TheFoodCompany (TFC), in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect TheFoodCompany (TFC), other Seller and/or Home-chef and/or Buyer, other third parties or any other liability. The actions we may take include but are not limited to the following:We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

24.2 We may suspend your eligibility for entering TheFoodCompany (TFC) website;

24.3 We may suspend your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to TheFoodCompany (TFC);

24.4 We may refuse to provide the Services to you now and in the future;

24.5 We may terminate your account for a period of time reasonably needed to protect against the risk of liability to TheFoodCompany (TFC) or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

25. INDEMNITY

25.1 You agree to indemnify, defend and hold harmless TheFoodCompany (TFC), and its shareholders, subsidiaries, Affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where TheFoodCompany (TFC) or its Affiliates is the Seller and/or Home-chef in the transaction that the dispute relates to), (b) the TheFoodCompany (TFC) Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of TheFoodCompany (TFC), (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

26. SEVERABILITY

26.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

27. GOVERNING LAW

27.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to TheFoodCompany (TFC) or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

28. GENERAL PROVISIONS

28.1 TheFoodCompany (TFC) reserves all rights not expressly granted herein.

28.2 TheFoodCompany (TFC) may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by TheFoodCompany (TFC) after such changes have been posted (regardless of whether you have reviewed such changes) shall constitute your acceptance of such revised Terms of Service. TheFoodCompany (TFC) may (but shall not be obliged to) notify you that a change to the Terms of 

28.3 Service has been made, and you should keep yourself updated as to whether any such changes have been made, and the content and effect of such changes. 

28.4 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

28.5 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and TheFoodCompany (TFC), nor does it authorise you to incur any costs or liabilities on TheFoodCompany (TFC) behalf. 

28.6 The failure of TheFoodCompany (TFC) at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

28.7 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for TheFoodCompany (TFC) Affiliates and subsidiaries (and each of TheFoodCompany (TFC) and its Affiliates’ and subsidiaries’ respective successors and assigns).

28.8 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

28.9 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

28.10 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please reach out to our Customer Service Team.

29. LEGAL NOTICE

29.1 Please send all legal notices to info@TheFoodCompany.sg and Attention it to the “General Counsel”.

30. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Last Updated: 18 January 2024