These Terms and Conditions (“Terms”) govern your use of the websites, social media platforms and mobile applications provided by under the brand name of BazaarGeylang.com (or referred to as “BGC”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. 

General

1.1 BGC connects you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. 

1.2 When you place an order for Goods from our Vendors (“Order”), BGC acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either BGC or the Vendor to deliver your Order to you. 

1.2.1 Vendors may be owned and operated by third party vendors, our affiliate companies, or BGC.

1.3 BGC reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. 

1.4 You will 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.

2 Use of the Platforms and BGC Account

2.1 You will need to register for a BGC account for you to use the Platform. When you register for a BGC account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide BGC with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your BGC account are your sole responsibility. 

2.2 BGC shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

2.3 If you wish to delete your BGC account, please send BGC an email requesting the same. We may restrict, suspend or terminate your BGC account and/or use of the Platforms, if we reasonably believe that: 

2.3.1 someone other than you is using your BGC account; or 

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

3 Restrictions

3.1 Activities Prohibited on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. BGC reserves the right to investigate and take appropriate legal action against anyone who, in BGC's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the IP rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BGC in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by BGC in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by BGC in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of BGC, exposes BGC or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein. 

3.2 BGC reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their BGC Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platforms; and

3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

4 Intellectual Property (IP)

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the IP BGC and/or third parties who have authorised BGC 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 BGC's trademarks on any other website not approved by BGC is strictly prohibited. BGC will aggressively enforce its IP rights to the fullest extent of the law, including criminal prosecution. BGC neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with BGC. Use of any materials on the Platforms is at your own risk.

5 Restrictions on Goods 

5.1 Some of the goods our Vendors offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the Republic of Singapore. 

6 Orders 

6.1 When you place an Order with BGC, BGC will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.). 

6.2 Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

6.3 Special Instructions – BGC and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, BGC and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither BGC nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you. 

6.4 Allergens – BGC is not obligated to provide ingredient information or allergen information on the Platforms. Further, BGC does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.

6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor. 

6.6 Prior to placing the Order

6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area; and

6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart. 

6.7 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for BGC to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from BGC.

6.8 Cancelling/ Refund of an Order 

6.8.1 If you wish to cancel your order after it has been placed:

6.8.1.1 Vendor has not accepted the order; or

6.8.1.1.1 Please contact BGC immediately via email at [email protected] if you wish to cancel your Order.

6.8.1.2 Vendor has accepted your order

6.8.1.2.1 Please contact our Vendor immediately via email or contact details indicated on our Vendor Page.

6.8.2 Refunds

On payment made through GBC. If,

6.8.2.1 Vendor has not accepted the order; or

6.8.2.1.1 Upon completion of the cancellation, BGC shall refund the purchase by immediately cancelling the credit card transaction authorization for Credit Card Transaction; or

6.8.2.1.2 Refund the bank transfer within 72 hours to your designated bank account.

6.8.2.2 Vendor has accepted your order and has not shipped out

6.8.2.2.1 Please contact our Vendor immediately via email or contact details indicated on our Vendor Page. 

6.8.2.3 Vendor has accepted your order and has already shipped out

6.8.2.3.1 Once shipped, purchases will be subject to return process rather than cancellation process. Customers may contact our Vendor directly to manage return request (if applicable) of purchased items (if agreed between both parties) at any time within 7 days from the date of receipt. 

6.9 BGC reserves the right to cancel any Order and/or suspend, deactivate or terminate your BGC account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your BGC or Vendor account and/or with your Order. 

7 Prices and Payments

7.1 Vendor prices quoted on the Platform shall be displayed in Singapore Dollars (SGD $) and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets). 

7.2 The way vendor display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may: 

7.2.1 include GST; or 

7.2.2 exclude GST. 

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you. 

7.3 Vendor Delivery fees are chargeable on every Order unless: 

7.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”); 

7.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or 

7.3.3 unless stated otherwise.

7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change. 

7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including: 

7.5.1 Credit Cards; or

7.5.2 Bank Transfer through all accredited banks registered in the Republic of Singapore. 

7.6 After an Order is successfully placed, you will receive an email confirmation from BGC with your Order receipt. 

7.7 Payment Methods 

BGC reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. BGC does not store your credit card or payment information.

7.7.1 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, BGC takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

8 Vendor Delivery & Pick-Up

8.1 Vendor Delivery Areas

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure. 

8.2 Vendor Delivery

Our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, contact the Vendor directly in the event of issues or delays in your delivery. BGC shall not be responsible in any way for Orders or Goods that are delivered by Vendors. 

8.3 Wrong Order, Missing Items, Defective Goods

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact our Vendor immediately. In some cases, vendors may request for photographic proof and/or additional information to properly investigate the issue with your Order. 

9 Vouchers, Discounts and Promotions

9.1 From time to time, BGC may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. 

9.3 Unless otherwise stated, Vouchers can only be used on our Platforms. 

9.4 Vouchers cannot be exchanged for cash.

9.5 BGC reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply.

9.6 We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. 

10 Representations, Warranties and Limitation of Liabilities

10.1 Representations and Warranties 

You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While BGC makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

10.2 Limitation of Liability 

To the extent permitted by law, BGC (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The BGC entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the BGC entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BGC, the BGC entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

11 Representations, Warranties and Limitation of Liabilities of Vendor

11.1 Vendor’s Warranties & Representations

BGC shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods or Services and where Vendor Delivery applies to your Order. BGC does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

11.2 Vendor Liability 

Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. BGC shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. 

12 Personal Data (Personal Information) Protection 

You agree and consent to BGC and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms. 

13 Indemnity 

You agree to indemnify, defend, hold harmless BGC, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms. 

14 Third Party Links and Websites

The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. BGC does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. BGC accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

15 Termination

BGC has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service provided to you in respect of an Order, for any reason, including, without limitation, if BGC, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. BGC may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

16 Amendments 

BGC may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

17 Severability 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

18 Force Majeure

Company shall not be liable for any loss or damage arising from its failure to perform any of its obligations under these General Terms & Policies and/or Other Services Agreements if such failure is the result of circumstances outside its control, including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God. 

19 Governing Law

This terms and agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation) shall be governed by and construed in accordance with the laws of Singapore.