About Capita3Eats

Placing an Order

Food Preparation & Delivery

General Terms & Conditions

  • F&B Functionality

    1.            Introduction

    1.1          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") on the CapitaStar Mobile Application (“CapitaStar App”) owned and operated by CapitaStar Private Limited (referred to hereinafter as the “CapitaLand Group”, “we”, “us” or “our” collectively or singularly as the context requires).

    1.2.         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.

    1.3.         Subject to Clause 2 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.

    1.4.         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.

    2.            Representation and Warranties

    2.1          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.

    2.2.         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.

    3              Dispute Resolution

    3.1.         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).

    3.2.         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).

    3.3.         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.

    4.            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.)

    5              Intellectual Property Rights

    All trademarks, logos, images, and service marks, including these Terms as displayed on the CapitaStar App or in our marketing material, whether registered or unregistered, are Our intellectual property and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without Our prior express written consent. The use of Our trademarks on any other website not approved by us is strictly prohibited. We will enforce its intellectual property rights to the fullest extent of the law. We neither warrants nor represents that your use of materials displayed on the CapitaStar App will not infringe rights of third parties not owned by or affiliated with Us. Use of any materials on the CapitaStar App is at your own risk.

    6              Version Change

    We reserve the right to change or modify these Terms at any time without prior notice to you. You are strongly recommended to read these Terms regularly. You shall be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

    7              Service Availability

    Whilst all attempts will be made to ensure the CapitaStar App is available all the time, occasionally the CapitaStar App may undergo repairs, maintenance, or to introduce new services. Our CapitaStar App include links to other websites or materials which are beyond Our control, and We take no responsibility and assume no liability for such third party links.

    8              Contact

    Kindly contact the respective Merchant directly should you wish to make changes, cancel or check on the status of your Order after you have placed the Order. Please directly contact the Merchant for all queries regarding the Merchant’s promotion codes.

    You may reach us via email or through our customer support hotline for customer support for queries regarding CapitaStar dollars, eCapitaVouchers or if you experience any technical difficulties.

    9.            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.

     

    PAYMENT GATEWAY

    1.            Introduction

    1.1          This Payment Gateway is a mobile payment service provided by us. Your use of the Payment Gateway is subject to these Specific Terms and Conditions and the prevailing CapitaStar Terms and Conditions (which together, for purposes of these Specific Terms and Conditions, We refer to as the "Terms"). Your use of the App requires that you agree to the Terms. Your use of your cards with this Payment Gateway is also subject to the prevailing terms and conditions imposed by your card issuer.

    2.            General Description of the Payment Gateway

    2.1          The Payment Gateway facilitates mobile payment transactions using a credit or debit card registered via this Payment Gateway at participating retailers. The payment service is provided by Omise Pte Ltd (“Omise”).. By using the Payment Gateway, you authorise Omise to process your charge, credit or debit card, when you incur transactions or fees at participating Merchants using this Payment Gateway. You agree and acknowledge that Omise is the party responsible for collecting and storing your charge, credit or debit card information when you enroll such cards on this Payment Gateway, and for processing the charge, credit or debit card transaction, and that We are only responsible for storing part of your card details as further described below.

    3.            Using the Payment Gateway

    3.1          Not in use

    3.2          Basic Use Requirements

    To use the Payment Gateway you will need a device that meets the service's system and compatibility requirements, which may change from time to time, working internet access, and compatible software. Your ability to use Payment Gateway, and Payment Gateway's performance, may be affected by these factors. Such system requirements are your responsibility.

    3.3          Getting Started

    (a)          You must have access to the CapitaStar Mobile Application account or to the websites of the CapitaLand Malls to access the Payment Gateway.

    (b)          When you make a payment through the Payment Gateway, the transaction is processed through the page owned and operated by Omise. It is assumed that the transacted amount is agreed with the relevant Merchant upon transacting. Any dispute that arises with the transacted amount must be resolved with the Merchant by you at your own cost at the earliest opportunity. We shall not be responsible for any loss arising from any discrepancy in the transaction amount. The CapitaStar Mobile Application will display your recent transaction history for each payment made with the Payment Gateway.

    (c)           Your use of the Payment Gateway is governed by these Terms as well the applicable terms and privacy policy from your card issuer. You are responsible for any charges and related fees that may be imposed under such issuer terms or privacy policy as a result of your use of such cards. You warrant and represent that the charge, credit or debit card you are using is valid (i.e. not expired) and that you are not using fraudulent cards or card account information, and you shall provide true and accurate information in order for card transactions to be processed by Omise. Nothing in these Terms modifies such issuer terms or privacy policy. In the event of any inconsistency between these Terms and your card issuer's terms, these Terms will govern the relationship between you and us with respect to the Payment Gateway, and your issuer's terms will govern the relationship between you and the issuer.

    (d)          You agree not to use the Payment Gateway for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You shall not use the Payment Gateway to process a payment transaction, or otherwise transfer money between you and a Merchant, that is unrelated to a purchase of a relevant product and/or service. The Payment Gateway may not be used for remittance or money transfer purposes or to receive cash advances from Merchantsor to facilitate the purchase of cash equivalents (traveller's cheques, prepaid cards, money orders, etc). You may not use the Payment Gateway to purchase any illegal goods or services or for any other underlying illegal transaction. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse the Payment Gateway, including any of its related servers, networks, or other infrastructure. You agree that the Payment Gateway is for your personal use, with your own charge, credit or debit cards. If you use the Payment Gateway with an eligible corporate card, you agree that you are doing so with your employer's authorisation and with the ability to bind your employer to these Terms.

    3.4          You agree and acknowledge that the payment processing and payment gateway services are provided by Omise as the Payment Gateway service provider, and provided to you through the Payment Gateway on a pass-through basis, and accordingly you understand that your use of the Payment Gateway is subject to Omise's disclaimers, limitations and exclusions, including the following:

    (a) Omise Pte Ltd ("Omise") shall not be liable in any way for:

    (i)            any action, claim, proceedings, charge, cost, damage, any action, claim, proceedings, charge, cost, damage, demand, interest, liability, loss, penalty, tax and expense of any nature that you may incur or suffer directly or indirectly as a result of or in connection with this Agreement or any transaction, including without prejudice to the generality of the foregoing any listing or disclosure of your personal data through Payment Gateway;

    (ii)           any disruption, defect or breakdown in or failure of any equipment, Omise’s software or any system used to authorise or record the transaction or telephone or other communication system or facilities;

    (iii)          its failure to perform any of its obligations due directly or indirectly to the defect, failure, or damage of any machine or communications system, industrial dispute, war, act of God, or anything outside Omise’s control.

    (b)          You shall not take any action, legal or otherwise, against Omise in respect of any listing or disclosure of your personal data as may be required for the purposes set forth in Payment Gateway's Specific Terms and Conditions.

    4.            Data Privacy and Personal Data Protection Policy

    4.1          Information Use and Sharing

    In order for us to provide the Payment Gateway, in addition to the purposes set out in the CapitaStar General Terms and Conditions, you consent to and permit CapitaStar Private Limited to share and disclose your device, payment, location, and account information, your particulars and affairs (financial or otherwise), any document or transaction and/or any other matters as required by your credit or debit card issuer, payment network, Omise or any providers authorised by your card issuer, and to collect, store and use such information to provide you with the Payment Gateway. Where necessary to process your transactions, you also permit CapitaStar Private Limited to use, share and disclose your personal information with Merchants, payment processors, and other third parties.

    4.2          Information We May Collect

    In order for us to provide and improve Payment Gateway, in addition to the purposes set out in the CapitaStar General Terms and Conditions, you consent to and permit us to collect transaction, account, and other personal information from third parties, including retailers.

    5.            Indemnity

    5.1          By using Payment Gateway, you hereby agree to indemnify and keep indemnified us and in addition, do not hold us responsible for any and all liabilities, financial losses, claims, damages and/or expenses which We may incur from the misuse of Payment Gateway, your breach of the Terms or infringement of Our intellectual property (as applicable) as a result of your use of Payment Gateway.

    6.            Liability

    6.1          YOU IRREVOCABLY AGREE THAT

    (a)          THE PAYMENT GATEWAY IS PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY AND THAT CAPITASTAR PTE LTD, CAPITALAND LTD, THEIR RESPECTIVE RELATED CORPORATIONS AND AFFILIATES, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS ("RELEVANT PARTIES") SPECIFICALLY DISCLAIM AND EXCLUDE ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    (b)          The Relevant Parties do not have any control over the products or services that are paid for with the Payment Gateway and cannot ensure that a retailer you are dealing with will actually complete the transaction or is authorised to do so. The Relevant Parties does not guarantee continuous, uninterrupted or secure access to any part of the Payment Gateway, and operation of Our sites may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of Our control.

    (c)           TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU IRREVOCABLY AGREE THAT NONE OF THE RELEVANT PARTIES SHALL HAVE ANY LIABILITY TO YOU OF ANY NATURE WHATSOEVER FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT OR INDIRECT, THAT YOU MAY SUFFER OR INCUR OR BE EXPOSED TO IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PAYMENT GATEWAY, ANY DATA PROVIDED IN CONNECTION WITH THE PAYMENT GATEWAY OR THE DISCLOSURE THEREOF, OR ANY BREACH OF THE TERMS OF THESE TERMS. IF TO ANY EXTENT SUCH LIABILITY CANNOT BE EXCLUDED, THE MAXIMUM LIABILITY OF THE RELEVANT PARTIES SHALL BE LIMITED TO ONE SINGAPORE DOLLAR IN AGGREGATE.

    7.            Termination

    7.1          We (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your Payment Gateway at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.

    7.2          In the situation whereby you violate or We have reason to suspect violation of these Terms, We reserve the right for immediate termination and/or suspension of your account. Upon suspension or termination of your use of Payment Gateway, you remain liable for all payment transactions and/or any other obligations you may have incurred under these Terms.

    8.            Governing Law

    Your access and use of the Payment Gateway shall be governed by Singapore law and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto.

     

    Delivery

    1.            Introduction

    The CapitaStar App and the websites of the CapitaLand Mall allows you to place orders for food and beverage from participating Merchants, for such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”). CapitaStar Private Limited or any other member companies of the CapitaLand Group does not own, sell or resell any food and beverage items and does not control the Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the Merchants and/or the Delivery Service Providers.

    2              Delivery Mechanics

    2.1          All food order and delivery bookings placed on the CapitaStar App or websites of the CapitaLand Mall (“Food Order”) are treated as confirmed. You shall not be entitled to cancel your Food Order once you have received a confirmation. If you cancel your Food Order after it has been confirmed, you remain liable to pay the delivery fee in full regardless of whether the order has been prepared by the Merchant.

    2.2          You understand that our Merchants may offer their food and beverage menu in specific delivery areas and our Merchants vary from delivery area to delivery area. Merchants may offer their food and beverage menus from more than one outlet/ branch.

    Where You choose to place a Food Order from a Merchant that has more than one Outlet/ branch, you should select the outlet/ branch physically nearest to your location. You will be prompted to enter your delivery address after you have selected your Food Order on the CapitaStar App or the websites of the CapitaLand Malls. You acknowledge that the delivery fee will proportionately vary depending on the distance between the location you have chosen and the Merchant’s outlet/ branch you have chosen to place your Food Order.

    2.3          Our Delivery Service Providers shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time provided by the CapitaStar app is only an estimate and Orders may arrive earlier or later in time. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, Our Delivery Service Providers reserves the right not to deliver your Order to you.

    2.4          Upon your successful completion of a Food Order, the Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, CapitaStar Private Limited is not involved in and will not be responsible for any separate arrangement between you and the Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

    2.5          You remain liable to pay the order value in full where (i) cancellation is made by you after the Merchant starts food/beverage preparation or (ii) or you are unreachable physically or uncontactable (A) after 5 minutes from the time that the Delivery Service Provider arrives at the designated delivery location you have provided or (B) within such duration as may be communicated by CapitaStar Private Limited.

    2.6          We, the Merchant and/or Delivery Service Provider may not process your Food Order in the event of any of the following:

    (a)                you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,

    (b)                if the requested delivery location falls outside the delivery zone offered in the Application,

    (c)                 there is a lack of information, direction or authorization from you at the time of delivery,

    (d)                you are not present or do not show up at the designated delivery location, or you are unreachable physically or uncontactable, (A) after 5 minutes from the time that the Delivery Service Provider arrives at the designated delivery location or (B) within such duration as may be communicated by Us, or

    (e)                unavailability of items ordered.

    2.7          The prices of food and beverage items reflected in the Application are determined solely by the Merchant and are listed for information only.

    2.8          Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Merchant, be incorrectly reflected and in such an event the Merchant may cancel your order(s).

    2.9          The Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

    3              Customer Responsibility

    3.1          You are responsible for ensuring that the details entered by you in respect of the Food Order on the Application are accurate and complete. We shall not be liable (i) in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the CapitaStar App.

    3.2          After the delivery of the food and beverage items or collection of the takeaway you ordered, you shall solely be liable for any loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

    3.3          Persons placing any order which includes alcoholic products from any Merchant must be at least eighteen (18) years old at the date of placing the Order or such statutory age limit as may be prescribed by applicable law. By placing an order that includes alcohol, you confirm that you satisfy the statutory age limit. The Delivery Service Provider will have the right to refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway (i) does not appear to satisfy the statutory age limit  or (ii) cannot prove that he/she satisfies the statutory age limit  or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery and in such an event you agree that We, the Delivery Service Provider and the Merchant shall not be liable to make any refund to you for payment already made by you.