Welcome to Quay Wholefoods Singapore. Throughout this website, the terms "we," "us," and "our" refer to Quay Wholefoods Singapore. By accessing and using this site, you, the user, agree to accept and comply with all the terms, conditions, policies, and notices outlined herein.
 

1. Acceptance of Terms

By using this website, you acknowledge your acceptance of these terms and conditions. If you do not agree with any part of these terms, please refrain from using our site.
 

2. Information, Tools, and Services

2.1. Quay Wholefoods Singapore provides this website, including all information, tools, and services, on the condition that you accept all the terms, conditions, policies, and notices stated here.

2.2. We reserve the right to modify or discontinue any aspect of the website, including content, tools, or services, at any time without prior notice.

Our e-commerce store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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License

1. Quay Wholefoods hereby grants you a personal, non-exclusive and non-transferable license to use the Site, and access and use the Services available via the Site, subject to the terms set out in these Terms of Use.

2. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

1. any service;

2. the site;

3. any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”), except, to the extent permitted, with the prior written consent of Quay Wholefoods or unless expressly permitted in these Terms of Use.

1. Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Quay Wholefoods.

2. The Site and all Content are the copyrighted work of Quay Wholefoods or our content or software providers, and Quay Wholefoods reserves and retains all rights in the Site and Content.

3. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the any Content, except under the specific circumstances expressly permitted by law or Quay Wholefoods in writing.

4. You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

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Account Information

1. To access certain parts of the Site or Services, you may be required to sign-up for an account with Quay Wholefoods (“Account”) and select a user name ("User Name") and password ("Password"). However, you may also check out as guest.

2. You are solely responsible for safeguarding and maintaining the confidentiality of your account information and password. You agree not to:

1. 1. share or permit others to use your Account or Password; or

2. 2. assign or transfer your Account to any other person or entity.

3. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Quay Wholefoods shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: online@quaywholefoods.com.

4. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.

5. You must provide accurate and complete information when creating an account. It is your responsibility to update your account information promptly if there are any changes. You agree not to use false information or impersonate another person or company through your account.

6. You are responsible for any activity that occurs under your account, whether authorized by you or not. Be cautious about sharing your account information with third parties.

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Orders, Pricing & Payments

1. Delivery areas

At present, Quay Wholefoods delivers to most areas in mainland Singapore, but not certain areas. To find out if Quay Wholefoods delivers to your area, please ask for inquiries. You may also contact us at online@quaywholefoods.com to check on our delivery coverage. Quay Wholefoods will only process and accept orders within our delivery coverage.

2. Order

1. All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use. All orders shall be subject to acceptance by Quay Wholefoods . Processing of payment for an order shall not in itself constitute acceptance of the order by Quay Wholefoods , provided that where an order for any product(s) is rejected or cancelled by Quay Wholefoods , any payment made for such order shall be reversed or refunded by Quay Wholefoods in accordance with our prevailing refund policy at such time.

2.  All orders made by you are subject to stock availability. Quay Wholefoods reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. Quay Wholefoods reserves the right to limit your order or the quantity of a particular product you may order.

3. Product Information, Pricing and Payment

4. Quay Wholefoods endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that Quay Wholefoods shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services. If a product offered by Quay Wholefoods itself is not as described, your sole remedy is to return it in unused condition.

5. If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you select to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

6. Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:

   1. In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and

   2. In the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.

   3. All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

7. Payment for all orders shall be made in Singapore dollars.

8. We use Stripe as our main payment gateway for credit and debit cards payment. 

9. By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

10. Quay Wholefoods will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Quay Wholefoods reserves the right to collect funds for any uncollected transactions owed to it. 

11. If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, Wholefoods may request to a certain amount to be paid by you. Quay Wholefoods may suspend or terminate your access to Quay Wholefoods services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Quay Wholefoods may incur in its efforts to collect any unpaid balances from you. Your right to use the Quay Wholefoods services is subject to limits established by Quay Wholefoods and/or by your credit card issuer.

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Quay Wholefoods Marketplace

1. Parties other than Quay Wholefoods operate and sell products through Marketplace stores or provide services, or sell product lines through the Quay Wholefoods Marketplace. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Quay Wholefoods does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

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Promotions, Voucher Codes and other Privileges and Programmes

1. From time to time Quay Wholefoods may run promotions, contests, surveys, privileges and other programmes, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into these Terms of Use.

2. Promotions, contests, privileges, and programmes are only valid for the time period specified by Quay Wholefoods and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.

3. The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):

1. Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Quay Wholefoods.

2. Voucher Codes may only be redeemed by purchasing certain products from Quay Wholefoods during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the following:

   1. ​Delivery charges.

   2. Use of any Voucher Code must be indicated at the time of checkout, and all information required by Quay Wholefoods must be provided. No retroactive use of the Voucher Code is permitted.

   3. Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.

   4. A minimum spend may be required before use of the Voucher Code is permitted.

   5. Voucher Codes cannot be refunded, redeemed or exchanged for cash.

   6. Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by Quay Wholefoods, may be purchased by you and given to others.

   7. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

   8. Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

   9. Quay Wholefoods reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

   10. Quay Wholefoods reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site.

4. Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.

5. Where you are permitted to return any product to Quay Wholefoods for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, Quay Wholefoods may charge the delivery fee and/or the full value of the order without the promotion.

6. Quay Wholefood's decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

7. Quay Wholefoods reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

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Deliveries & Returns

1. Deliveries

1. Delivery slots are subject to availability.

2. Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 48 units, unless otherwise stated in writing by Quay Wholefoods .

3. Quay Wholefoods will endeavour to deliver the products to your delivery address within delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that Quay Wholefoods shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.

4. Please notify Quay Wholefoods immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of S$10.00.

5. Quay Wholefoods uses proprietary cooling systems to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or free perishable items.

6. Quay Wholefoods aims to provide our customers more options for receiving their orders. For certain deliveries, Quay Wholefoods provides the option for having your orders left at your doorstep as an “Unattended Delivery.” Please note that some orders won't be eligible for Unattended Delivery. While our goal is to honour your preferences whenever possible, we can't guarantee that our drivers will be able to meet these instructions under all circumstances. Please note that if you selected an Unattended Delivery and no one is available to accept delivery of the order, the Driver will leave your order unattended on or in front of your premises. While we encourage you to retrieve your parcel as soon as possible once delivered, our packaging is designed to maintain the correct temperature of your products for up to 1 hour after the end of your delivery window. Where you specifically instruct Quay Wholefoods to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft, and damage. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.

7. If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Quay Wholefoods reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total dollar value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of S$10.00.

8. Quay Wholefoods delivers case sizes of a variety of different goods, including laundry detergent, beverages, rice, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) about the 5th floor, or deliver more than 3 cases of beverages about the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. Our technology cannot, and does not, enforce these limits. We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.

2. Returns

1. We ask that you please check your order upon delivery. If you’re not completely happy with your fresh or perishable products, let us know within 7 days from your delivery date and we’ll give you a full refund. If there is any damaged or incorrect grocery product(s) (including delivery of additional product(s) not ordered by you), please contact us within 7 days of your delivery date at online@quaywholefoods.com or call us at 9088 5750. Quay Wholefoods at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

2. We ask that all returned products are not used or expired, and in the original box and/or packaging. Quay Wholefoods reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where Quay Wholefoods exercises its right to inspect the Product, Quay Wholefoods ’s decision in respect of such returned products shall be deemed final and binding on you.
    

Intellectual Property

1. The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site and all Content shall vest in and remain with Quay Wholefoods and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Quay Wholefoods for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Quay Wholefoods is strictly prohibited. You acknowledge that Quay Wholefoods and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Quay Wholefoods reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Quay Wholefoods .

2. The trademarks, logos and service marks ("Quay Wholefoods ") displayed on this Site are the property of Quay Wholefoods and other third parties, and all rights to the Quay Wholefoods are expressly reserved by Quay Wholefoods and relevant third parties. You are not permitted to use the name of Quay Wholefoods or any Quay Wholefoods, including in any advertising or publicity or as a hyperlink, without the prior written consent of Quay Wholefoods or such third party.

3. The domain name on which the Site is hosted on is the sole property of Quay Wholefoods and you may not use or otherwise adopt a similar name for your own use.

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Comments, Feedback, and Other Information

1. You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. Quay Wholefoods reserves the right (but not the obligation) to review, remove or edit such content.

2. You hereby grant Quay Wholefoods a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site for any purpose as Quay Wholefoods may require at its sole discretion. You further agree that Quay Wholefoods may use and publish your name in connection with such Comments.

3. If you have any questions or concerns about these Terms of Use or any issues rose in these Terms of Use or on the Site, please contact us at online@quaywholefoods.com.

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Disclaimers & Limitations

1. While we make every effort to ensure that the Site,Services and all Content is accurate and complete, we provide the Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Teck Sang disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Quay Wholefoods does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the Content in or with any device will not affect the functionality or performance of the device. Quay Wholefoods does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.

The Site and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site or Services. Your use of the Site or Services and any third party services or products remains solely with you to the maximum extent permitted by law.

1. You agree that:

1. Quay Wholefoods shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and

2. Access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;

3. Quay Wholefoods ’s Site and Service may be subject to limitations, delays, and other problems inherently and in any such event, Quay Wholefoods shall not be liable for any loss, liability or damage, which may be incurred as a result.

2. In no event shall Quay Wholefoods be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, Content or any other website or device. In the event that Quay Wholefoods is liable for damages despite the foregoing provision, you agree that Quay Wholefoods ’s aggregate liability to you for any and all causes of action in relation to:

1. Any order, sale or delivery of any product by Quay Wholefoods under these Terms of Use shall not exceed the price of the product giving rise to such claims; and

2. In all other cases (including any use of the Site or Services), shall not exceed S$1.

3. In no event shall Quay Wholefoods be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if Quay Wholefoods or a Quay Wholefoods authorised representative has been advised of, or should have foreseen, the possibility of such damages.

4. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Quay Wholefoods at either reasonable costs or no costs to you.

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Linked Sites

1. Quay Wholefoods may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. Quay Wholefoods has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. Quay Wholefoods not endorse, recommend or guarantee any of the Linked Sites, and Quay Wholefoods expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

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Security & Privacy

1. Quay Wholefoods recognises the importance of keeping your personal information and data secure and private. 

2. Please do not submit any personal information or data without first reading our Security & Privacy Policy (http://about.tecksang.com/privacy) which explains our data use and privacy practices in detail.

Suspension and Termination

1. You agree that Quay Wholefoods has the right in its sole and absolute discretion and without notice or liability to:

1. Restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or

2. Terminate, deactivate or suspend your Account, delete your Account and all r elated information and files in your Account, without assigning any reason.

2. Without prejudice to the generality of the above, Quay Wholefoods reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.

Notification of Infringement

1. Quay Wholefoods reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify Quay Wholefoods in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

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3. Quay Wholefoods will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Quay Wholefoods in respect of any Infringing Material, unless you have first given Quay Wholefoods the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Teck Sang refuses or fails to remove the Infringing Material within a reasonable time. Where Quay Wholefoods removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Quay Wholefoods under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Quay Wholefoods.

4. You acknowledge and agree that Quay Wholefoods has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.

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Jurisdictional Issues

1. The Site and Services are meant for use by residents of Singapore only. Quay Wholefoods makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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Indemnity

1. You agree to indemnify and hold Quay Wholefoods, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

1. Any use of the Site or any Service;

2. Your connection to the Site

3. Your breach of any terms and conditions of these Terms of Use;

4. Your violation of any rights of any third party, including providers of courier services arranged via the Site or any Service;

5. Your violation of any rights of another person or entity; or

6. Your breach of any statutory requirement, duty or law.

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Severability

1. If any provision of these Terms of Use is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Use shall continue in force save that such provision shall be deemed to be deleted.

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Relationship of Parties

1. Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between Quay Wholefoods and you and neither party shall have any authority to bind the other in any way.

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Waiver

1. No waiver of any rights or remedies by Quay Wholefoods shall be effective unless made in writing and signed by an authorised representative of Quay Wholefoods.

2. A failure by Quay Wholefoods to exercise or enforce any rights conferred upon us by these Terms of Use shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

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Force Majeure

1. No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

2. For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

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Governing Law & Jurisdiction

1. These Terms of Use and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

2. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.