TERMS OF USE
Welcome to Kajet platform (the "Marketplace”) incorporated KAJET PTE. LTD., 202333931D, 2 HAVELOCK ROAD #07-13, HAVELOCK2, SINGAPORE (059763).
These Terms of Use ("Terms”) govern your use of the Marketplace provided by Kajet Pte. Ltd. (or referred to as "we", "us" or "our"). Please read these Terms carefully. By accessing and using the Marketplace or creating an account ("Account”) with us, 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 Marketplace or available by hyperlink. Also, the "Services'' we provide or make available include (a) the Marketplace, (b) the services provided by the Marketplace and by our client software made available through the Marketplace, 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 Marketplace 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 Kajet. If you do not agree or fall within the Terms, please do not use the Marketplace.
We reserve 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. You will be deemed to have agreed to the amended Terms by your continued use of the Marketplace following the date on which the amended Terms are posted.
1. About the Marketplace
1.1 The Marketplace provides a place and opportunity for the transaction of gastronomy sector including food products, beverages, packaging products, equipment etc. ("Goods”) between the buyer ("Buyers”) and the seller ("Sellers”) (collectively "you”, "Users” or "Parties”).
1.2 The actual contract for sale is directly between Buyer and Seller and Kajet is not a party to that or any other contract between Buyer and Seller 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. Kajet is not involved in the transaction between Users. Kajet may or may not pre-screen Users or the Content or information provided by Users. Kajet reserves the right to remove any Content or information posted by you on the Marketplace. Kajet cannot ensure that Users will actually complete a transaction.
2. Your Account
2.1 You will need to register for an Account to use the Marketplace. When you register for an Account, we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. 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 Account are your sole responsibility.
2.2 We 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 Account, please send us an email requesting the same. We may restrict, suspend or terminate your Account and/or use of the Marketplace, if we reasonably believe that:
(a) someone other than you is using your Account; or
(b) 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 Marketplace.
2.4 Kajet reserves the right to change, modify, suspend or discontinue all or any part of this Marketplace or the Services at any time or upon notice as required by local laws. Kajet 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. Kajet may also impose limits on certain features or restrict your access to parts of, or the entire, Marketplace or Services in its sole discretion and without notice or liability.
3. Placing an order
3.1 Buyer please follow the onscreen prompts on the Marketplace to place an order. Each order is an offer by you to buy the Goods specified in the order in accordance with and subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting the order. Please check the order carefully before confirming it. You are responsible for ensuring that the order is complete and accurate. We are not liable or responsible for your mistake or carelessness.
4. Seller’s Goods
4.1 After you submit the order for Seller’s Goods, the Seller will contact you directly regarding the order. Please note that the images and prices of Seller’s Goods listed on the Marketplace serve as an indicative purpose and are subject to confirmation by the Seller.
4.2 The Seller is responsible for informing you of the final price, delivery charges (as applicable), accepting the order and the preparation, condition and quality of the Seller’s Goods. The Seller is also responsible for making the necessary arrangements to have the Seller’s Goods delivered to you and provide delivery details to you.
4.3 THE CONTRACT FOR SALE IS DIRECTLY BETWEEN BUYERS AND THE SELLERS. We are not a party to that or any other contract between you and Seller and we accept no obligations in connection with any such contract. You and the Seller will be entirely responsible for the sales contract between the both of you including payment, cancellation, delivery, transfer of title and risk, returns, refund, warranty of purchase and the like. We are not involved in the transaction between you and the Seller and shall not be responsible or liable for any loss, damage, expense, cost or fees resulting therefrom. We are also not responsible for any actions or omissions by the Seller in relation to the supply of Seller’s Goods.
5. Our Rights and Obligations
5.1 We will help you to set up our proprietary application to enable you to place orders. This is a free service we provide, however we reserve the right to charge for the use of the Marketplace in the future by providing prior notice (if applicable).
5.2 We may remove or amend certain information or Goods on Seller’s page on the Marketplace and we shall not be required to inform you of any such changes.
5.3 We may temporarily suspend you from the Marketplace, without any liability for us if in our reasonable opinion that you are in breach of any of your obligations provided in the law or in this Terms.
5.4 We may block you (Buyers or/and Sellers) from placing/receiving an order on the Marketplace if it is discovered that you are breaching the law or the Terms or you are committing or attempting to commit fraud and we shall not require any consent from you in order to effect the provisions of this clause.
5.5 We may limit, suspend or terminate the use of any portion or all of the Marketplace by providing prior notice. We reserve the right to terminate your use of the Marketplace if you no longer work with us without a prior notice.
6. Our liability: your attention is particularly drawn to this clause
6.1 Nothing in these Terms limits or excludes our liability for, death or personal injury caused by our gross negligence, fraud or fraudulent misrepresentation by us and any other liability that cannot be limited or excluded by law.
6.2 Except as expressly stated in these Terms:
(a) we only supply Goods for internal use by your business,
(b) we do not give any assurance, representation, warranty or undertakings in relation to Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that Goods are suitable for your purposes.
(c) we do not give any assurance, representation, warranty or undertaking of any kind (whether express or implied) about the Platform and any products or services we may provide.
(d) we provide the Platform and any products or services we offer on an "as is” and "as available” basis, and your access to or use of our Platform is at your own risk.
(e) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date.
(f) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
6.3 To the fullest extent permitted by law, in no event shall we (including our directors, officers, employees, representatives, agents, and affiliates) 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: (a) any loss of use, profits, sales, business, revenue, in each case whether direct or indirect; or (b) any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use the Platform, the order or Goods, including without limitation, any damages resulting therefrom.
6.4 Further, as stated at clause 4, we are not responsible and shall not be liable in any manner whatsoever for any loss, damage, expense, cost or fees arising from your contractual relationship with the Seller. We do not assume any liability for the quantity, quality, condition or other representations of the Seller’s Goods and/or services provided by the Seller or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Seller’s listing/offering on the Platform. Nothing in these Terms shall exclude Seller’s liability for death or personal injury arising from Seller’s gross negligence or willful misconduct.
6.5 You agree and accept that your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform.
6.6 If we are found by a court of competent jurisdiction to be liable notwithstanding the terms of this clause 6, our total liability to you for all losses arising under or in connection with the Platform, the order or Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the orders made by you in preceding month from the time of the event giving rise to such liability.
7. Indemnity: your attention is particularly drawn to this clause
You agree to indemnify, defend, hold harmless us and our 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 our Marketplace or your breach of these Terms.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by any act or event beyond our reasonable control ("Event Outside Our Control”).
8.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of Goods to you, we will assist to escalate the issue to the Sellers to arrange a new delivery date with you after the Event Outside Our Control is over.
9. Third Party Links and Website
Our site may contain links to other third party products, websites, services and offers and by clicking on these third party links, you agree to do so at your own risk. These third party links, products, websites and services not owned or controlled by us. We do not control or endorse these third party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept 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.
10. Communications between us
10.1 When we refer to "in writing" in these Terms, this includes email.
10.2 Any notice or other communication given under or in connection with the order or the use of the Marketplace must be in writing and be delivered personally, sent by pre-paid post or other next working day delivery service, or email.
10.3 The provisions of this clause shall not apply to (a) the issuance of notice or other communication to Sellers or any other third party; and (b) the service of any proceedings or other documents in any legal action.
11. Vouchers, Discounts and Promotions
11.1 From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Marketplace ("Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
11.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
11.3 Unless otherwise stated, Vouchers can only be used on our Marketplace.
11.4 Vouchers cannot be exchanged for cash.
11.5 We reserve the right to void, discontinue or reject the use of any Voucher without prior notice to Users.
11.6 We may exclude certain Users from the use of Vouchers at any time without prior notice.
12. Termination
We have the right to terminate, suspend or delete your account for any reason, including, without limitation, if we, in our sole discretion, consider your use to be unacceptable, or in the event of any breach by you of these Terms. We may, but shall be under no obligation to, provide you a warning prior to termination of your account.
13. Personal Data (Personal Information) Protection
You agree and consent to us and any of our 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 at https://www.kajet.sg/privacy-policy and is incorporated by reference herein.
13.1 Your privacy is very important to us at Kajet. By using the Services or providing information on the Marketplace, you:
(i) consent to Kajet’s collection, use, disclosure and/or processing of your Content, personal data and User Information;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Kajet; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Kajet’s prior written consent.
13.2 Users in possession of another User’s personal data through the use of the Services (the "Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the "Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
14. Limited License
14.1 All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property”) displayed in the Marketplace are the property of Kajet and where applicable, third party proprietors identified in the Marketplace. No right or licence is granted directly or indirectly to any party accessing the Marketplace to use or reproduce any Intellectual Property, and no party accessing the Marketplace 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 Marketplace 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 Marketplace or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Marketplace 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).
14.2 You may link to the Marketplace from your website, provided that your website does not imply any endorsement by or association with Kajet. You acknowledge that Kajet may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
15. Contact us
If you wish to contact us regarding any questions or comments you may have, please contact our customer support via the customer support chat feature.
16. General
16.1 We reserve all rights not expressly granted herein.
16.2 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
16.3 If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.4 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.5 These Terms are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our and their affiliates' and subsidiaries' respective successors and assigns).
16.6 These Terms shall be governed by and construed in accordance with Singapore law without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods to the extent applicable is expressly disclaimed. Any dispute claim or difference of any kind whatsoever arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Singapore courts.
17. Amendment
We reserve 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. You will be deemed to have agreed to the amended Terms by your continued use of the site following the date on which the amended Terms are posted.
Last updated: 2023.09.20