CapitaStar@Work - Terms and conditions
1. In addition to the General Terms and Conditions, the following provisions apply in respect of all orders placed by you (the Customer) through the Food and Beverage Functionality ("F&B Functionality").
2. Where you, the User of this App, place an order for food and/or beverages through this App, the order by you constitutes an offer to the Merchant and/or the Service Provider to purchase such food and/or beverages.
3. Subject to Clause 5 below, upon your order being accepted as communicated to you by or through this App (whether by automated means or otherwise), a contract ("S&P Contract") is formed between you (the Customer) and the Merchant and/or the Service Provider in respect of your order.
4. Accordingly, we would not be a party to the S&P Contract, and:
(a) we would not be responsible for the Merchant's and/or the Service Provider's performance or non-performance of the S&P Contract other than as set-out in Clause 6 below; and
(b) we would not be liable in any way to you or to any third party for any loss or damage (including with respect to personal injuries) which may arise from or in connection with the Merchant's and/or the Service Provider's performance or non-performance of the S&P Contract, or which may arise from or in connection with the nature, quality or fitness for purpose of the food and/or beverages supplied by the Merchant and/or the Service Provider (or due to any defect therein), or arising in any other way.
5. We make no representations to you or other end-users / end-consumers as to the quality or nature or suitability of the food or beverages offered for sale through this App. Our information on the food and beverages is obtained from the Merchants and/or the Service Providers and as between you and us, the Merchants' and/or the Service Providers' food and/or beverages are "as offered" by the Merchants and/or the Service Providers. Descriptions or statements about food and/or beverages advertised via the App are provided by the relevant Merchants and/or Service Providers and we do not verify these descriptions or statements and we disclaim all warranties and representations in relation to any such Merchants and/or Service Providers and their food and/or beverages. We do not endorse any Merchants and/or Service Providers or food and/or beverages featured on the App.
6. In particular, neither we nor the Merchants and/or the Service Providers warrants or represents that any food or beverage items that are available for order on the App are free of any and all traces of any allergens or that consumption of a food or beverage item will not result in an allergic reaction. Your orders may be packaged with orders from other Users at the time of collection/delivery, and such other orders may contain allergens. You acknowledge that by placing orders for food or beverage items using this App, you may be exposed to food or beverages that may cause an allergic reaction or injury, and in that regard you on your accord and on behalf of other end-users / end-consumers hereby fully release and discharge us and the Merchants and/or the Service Providers from any and all liability and/or responsibility to you or other end-users / end-consumers.
7. You agree not to make any claim against us in respect of any loss or damage (including with respect to personal injuries) which may arise from or in connection with the Merchant's and or the Service Provider's performance or non-performance of the S&P Contract or other sale contract, or which may arise from or in connection with the nature, quality or fitness for purpose of the food and/or beverages supplied by the Merchant and/or the Service Provider (or due to any defect therein), or arising in any other way, and you shall release and hold us harmless against any such loss or damage. You agree to use/consume all food and/or beverages supplied by the Merchant and/or the Service Provider in a proper manner. In particular, upon receipt/collection of food and/or beverage items, you shall either consume them immediately or transport and store them appropriately (including keeping in storage at a proper temperature). Without prejudice to the generality of the foregoing, you agree that our own liability to you and to any third party (such as end-users / end-consumers of food and beverage items) in respect of or arising in any way from the S&P Contract or other sale contract or the food and/or beverages supplied by a Merchant and/or Service Provider is limited to the dollar value of the S&P Contract or other sale contract (as the case may be).
8. If without Proper Cause you fail to collect the ordered food/beverage items by the Stipulated Time and at the Stipulated Place, or fail to accept or arrange for the acceptance of delivery of ordered food/beverage items at the Stipulated Time and at the Stipulated Place, as the case may be, the Merchant, Service Provider and/or us/our logistics service providers (as the case may be) shall be entitled to dispose of the ordered food/beverage items without liability to you. For the avoidance of doubt, in such an event you shall nevertheless remain liable to make payment for the ordered food/beverage items and if such payment has been made you shall not be entitled to a refund of the sums paid. For this purpose, "Proper Cause" means a cause arising from the nature, quality or quantity of food/beverage items which entitles a Customer at law to reject ordered food/beverage item(s). "Stipulated Time" means the time or deadline specified in or agreed through the App for the collection or delivery of ordered food/beverage items (as the case may be), and "Stipulated Place" means the venue specified in or agreed through the App for the collection or delivery of ordered food/beverage items (as the case may be).
9. Should you have any queries or complaints about the food and/or beverages of the third party or its Merchants and/or Service Providers, please contact the third party, Merchant and/or Service Provider.
10. Personal data. When you submit your personal data (such as your name, email address, telephone numbers, business or residential address, and credit card numbers) to such third party, Merchant and/or Service Provider, you also consent to the third party Merchant and/or Service Provider disclosing your personal data to us, and us collecting, using and disclosing your personal data, for purposes connected with your order and ancillary purposes related thereto. Examples of such purposes includes us contacting you to collect your order where we consolidate and distribute your order and the orders of others, or contacting you to collect your order where you fail to collect or fail to take delivery of your order from the Merchant or its delivery company, or to verify your identity as the person who ordered the food and/or beverages.
(In this Clause 10), "we" and "us" includes our related entities, including CapitaLand Limited group, and its direct and indirect subsidiaries, affiliates, associated companies.)
11. Governing Law
Your access and use of the F&B Functionality shall be governed by Singapore law and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto.