Terms of Use

Terms of Use

Please read these Terms of Use (including our Security & Privacy Policy atwww.fasslergourmet.com/privacy) carefully before accessing and/or using our website www.fasslergourmet.comor any substitute or replacement site ("Site"), and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to Fassler Gourmet Pte Ltd (which is referred to herein as "Fassler Gourmet", "we", "our" or "us").

By accessing this Site,you hereby agree:

(i) that you have read and agree to be legally bound by these Terms of Use (including our Security &Privacy Policy at www.fasslergourmet.com/privacy);and

(ii) that you are the user of the Site and are 18 years or above.

If you do not accept these Terms of Use, please leave the Site and/or discontinue use of the Services immediately.By accessing and/or using or continuing to access and/or use the Site and/or the Services, you agree and are deemed to have agreed to be bound by all these Terms of Use.

Fassler Gourmet may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site. The amended Terms of Use will take effect immediately upon posting on the Site. If you access and/or use or continue to access and/or use the Site and/or Services after the posting of the amended Terms of Use on the Site,you are deemed to have accepted the amended Terms of Use. If you do not agree to the amended Terms of Use, you should immediately stop accessing and using the Site and Services.

1 Site and Services

1.1 The Site is owned and maintained by Fassler Gourmet.

1.2 Fassler Gourmet operates an online store through the Site which offers one or more of the following features and services (each a "Service" and collectively the "Services"):

1.2.1 browsing, placing of orders and purchasing of products and other similar or related transactions;

1.2.2 access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;

1.2.3 search engines or tools;

1.2.4 blogs, message boards, communication tools;

1.2.5 email or message alerts; and

1.2.6 any other services, features, content or applications that Fassler Gourmet may offer through the Site from time to time in our sole and absolute discretion.

1.3 Fassler Gourmet reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site and/or Servicesat any time. We may also impose limits on certain features or restrict your access to parts of or the entire Site and/or Services without notice or liability.

2 User Conduct

2.1 Your access to and/or use of the Site and/or the Services do not grant you any licence or rights in relation to any copyright, patents, trade marks, service marks, registered designs or any other intellectual property rights in or relating to the Site and/or the Services, or any applicable software or any HTML or other code contained in the Site and/or the Services, all of whichshall remain the property of Fassler Gourmet or its licensors or other relevant third parties at all times.

2.2 You are not permitted to, and 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:

2.2.2 the Site; or

2.2.3 the 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 Siteand/or Services (collectively, "Content"),

except, to the extent permitted, with the prior written consent of Fassler Gourmet or unless expressly permitted in these Terms of Use.

2.3 Without prejudice to the generality of Clause 2.2, you agree not to reproduce, display or otherwise provide access to the Site, Content and/or Services, for example through framing, mirroring, linking, crawling, spidering, scraping or any other technological means (including any technology available in the future).

2.4 The Site and all Content are the copyrighted work of Fassler Gourmet or our content or software providers, and Fassler Gourmet reserves and retains all rights, whether in relation to copyright, designs, trademarks or any other intellectual property and material rights, in the Site and Content.

2.5 You shallnot, and shall not attempt to,modify, translate, decompile, reverse engineer, disassemble, or create derivative works based on, the Site or any Content,or any applicable software, any HTML or other code contained in the Site, or otherwise attempt to discover the source code of any Content.

2.6 You shallnot, and shall not attempt to, hack into, interfere with, disrupt, disable, over-burden, or otherwise impair the proper working of, bypass any security measures or corrupt data of, the Site and/or Services and/or our servers, which shall include, but is not limited to, denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, running any maillist, any listserv or any form of auto-responder, spamming, reverse engineering or reprogramming.

2.7 You shall not misuse the Site, Content and/or Services or use the Site, Contentand/or Services for any illegal or unauthorised purpose. You agree to comply with all applicable laws, rules and regulations, whether of Singapore or otherwise, and you are solely responsible for all your acts or omissions and for all those that occur under your Account.

2.8 You understand and agree that wemay,if we believe it to be necessary or expedient in our discretion, report any of the matters prohibited under this Clause 2 or any other actions on your part relating to access to and/or use of the Site and/or your Account to the relevant authorities and disclose your identity to them.

3 Account Information

3.1 To access and/or use certain parts of the Site and/or Services, you will be required to sign-up for an account with Fassler Gourmet ("Account") and select a user name ("User Name") and password ("Password").

3.2 You shall use your real name when registering an Account, and shall not use any name that isthe name of any other person. You shall provide true, accurate, complete, and up-to-date information required for the registration and maintenance of your Account. You may at any time change or update your Account information by clicking here.

3.3 You are solely responsible for safeguarding and maintaining, and shall safeguard and maintain, the confidentiality of your User Name and Password and any other details submitted to us in connection with the registration of your Account. You agree not to:

3.3.1 share or permit others to use your Account, User Name, Password and/or any other Account details; or

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

3.4 You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Username, Password other Account details and/or Account, whether or not you were the one actually using it. Fassler Gourmetshall not be responsible or liableto you or any third party for any claim, demand, action, proceeding, loss, damage, liability, cost and/or expenses ("Losses")arising as a result of or in connection with the use of your Username, Password, other Account details and/or Account (including any unauthorised, wrongful or fraudulent use of your Username, Password, other Account details and/or Account. If you are aware of any actual or suspected unauthorised, wrongful oraccessand/or use of your Username, Password, other Account details and/or Account, or loss, theft or unauthorised disclosure of your Username, Password and/or other Account details, please promptly notify us at: orderdept@fasslergourmet.com. You agree to indemnify us and keep us indemnified and hold us harmless in full at all times against all Losses that we may suffer or incur arising from or in connection with any unauthorised, wrongful or fraudulent use of your Username, Password, other Account details and/or Account.

3.5 Each household or delivery address may be used to register only one (1) Account. Multiple Accounts usingthe same delivery address for registration will be rejected unless otherwise permitted by Fassler Gourmet in writing in its sole discretion.

3.6 Where a delivery address is associated with multiple Accounts without our written authorisation, or unauthorised, fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law or otherwise, to immediately:

3.6.1 cancel any orders placed through such Account(s);

3.6.2 cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);

3.6.3 prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Fassler Gourmet; and/or

3.6.4 merge, suspend and/or terminate Account(s).

3.7 Fassler Gourmet shall have the right at our sole discretion to refuse any request for registration of an Account, and/or at any time to suspend, cancel or terminate any Account, in each case with or without notice, and we are under no obligation to provide you with any reason whatsoever for our decision.

4 Orders, Pricing & Payments

4.1 Delivery areas

As at the date when these Terms of Use were last updated, Fassler Gourmet delivers to most areas in mainland Singapore, but not certain areas. You may contact us at orderdept@fasslergourmet.comto confirm whetherwe deliver to your desired address. Fassler Gourmet will only process and accept orders within our delivery coverage.

4.2 Orders

4.2.1 All orders made by you shall be made through the Site and shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in the completedorder form upon these Terms of Use. For the avoidance of doubt, we hereby expressly state that the provision of the products on the Site does not constitute an offer by us of the products to you for purchase. All orders shall be subject to acceptance by Fassler Gourmet. Processing of payment for an order shall not in itself constitute acceptance of the order by Fassler Gourmet, provided that where an order for any product(s) is rejected or cancelled by Fassler Gourmet, any payment made for such order shall be reversed or refunded by Fassler Gourmet in accordance with our prevailing refund policy at such time.

4.2.2 All orders made by you are subject to stock availability. Fassler Gourmet 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.

4.2.3 Bulk orders may be subject to different delivery cost which shall be notified to you upon the placing of your order and prior to payment, and deliveries of bulk orders may require a longer delivery time to be fulfilled. "Bulk order" means an order for an aggregate number of product or products(which for the avoidance of doubt may be the same or different products) exceedingforty-eight (48) units in that single order, unless otherwise stated in writing by Fassler Gourmet. Please contact us at orderdept@fasslergourmet.comto place a bulk order.

4.3 Product Information, Pricing and Payment

4.3.1 Fassler Gourmet endeavours to provide you with accurate and up-to-date pricing, product and promotional information, including product details, availability and description. However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated, accurate or complete. You agree that Fassler Gourmet shall not be liable for any errors in the pricing and/or 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, and the final price to be paid by you will be notified to you through the checkout page after you have placed your order.

4.3.2 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 elect 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.

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

(i) in the event of any shortfall in payment, we reserve the right to charge you for the outstandingamounts; and

(ii) 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.

4.3.4 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.

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

4.3.6 We accept payment for orders by PayPal only.

4.3.7 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 or pre-authorisation checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card and/or to ensure there are sufficient funds to pay for your order, 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 indicateddelivery address.

5 Promotions, Voucher Codes and other privileges and programmes

5.1 From time to time Fassler Gourmet may run promotions, offers, discounts, contests, surveys, privileges, events and other programmes ("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.

5.2 Subject to Clause 5.7 below, allProgrammes are only valid for the time period specified by Fassler Gourmet.

5.3 The following terms shall apply to the use of credits, vouchers, coupons and codes ("Voucher Codes"):

5.3.1 Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Fassler Gourmet.

5.3.2 The Voucher Codes may only be redeemed by purchasing certain products from Fassler Gourmetduring the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the delivery charges.

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

5.3.4 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.

5.3.5 A minimum amount of spending may be requiredbefore use of the Voucher Code is permitted.

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

5.3.7 Resale, transfer and/or sharing of Voucher Codes are strictly prohibited, with the exception of gift vouchers which are available for purchase from Fassler Gourmetand which may betransferred or given to other persons.

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

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

5.3.10 Fassler Gourmet reserves the right to verify the validity of any Voucher Code and to declare null and void any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

5.3.11 Fassler Gourmet reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the amendedterms and conditions on the Site.

5.4 Where any free gift is offered as part of a promotion, the free gift shall beoffered on a "first come, first served" basis and a "while stocks last" basis. No cash will be offered in lieu of the gift. For the avoidance of doubt, Fassler Gourmet reserves the right (but is not obliged) to offer any item or product as a replacement for the gift in our sole discretion.

5.5 Where you are permitted to return any product to Fassler Gourmet for an exchange and such product was originally purchased under a promotion or discount, the product shall beexchangedfor items with aggregate value equivalent tothe amount that you originally paid for such product.Further, any free promotional gift accompanyingthe initial order placedshallalso be returned to Fassler Gourmet by you if you are returning anysuch product.

5.6 Fassler Gourmet's decision on all matters relating to any and all Programmes and/or Voucher Codes is final and binding.

5.7 Fassler Gourmet reserves the right to discontinue, suspend or terminate any Programmesand/or Voucher Codes at any time without notice or liability.

6 Deliveries

6.1 Delivery time slots are subject to availability and on a "first come, first served" basis. Bulk orders may require a longer delivery time to be fulfilled.

6.2 Fassler Gourmet will endeavour to deliver the products to your delivery address within the delivery time slotselected by you, but does not and cannot guarantee that the delivery will be made in that selecteddelivery time slot. You agree that Fassler Gourmet shall not be liable for any Losses suffered or incurred by you as a result of deliveries made outside the selected delivery time slot (whether earlier or later).

6.3 Please notify Fassler Gourmet immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes made tothe delivery address or date or time of delivery after the submission of your order may be subject toan administrative charge of S$10.00.

6.4 For all deliveries, you mustarrange for a personto take delivery and to countersign on the delivery invoice or device.

6.5 If an order is cancelled, or if no one is at the delivery location to receive the order during the delivery time slot selected by you, Fassler Gourmet reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$10.00 (or such other amount may be determined by Fassler Gourmet).

6.6 If we deliver any damaged, spoilt or incorrect product(s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at orderdept@fasslergourmet.com. Fassler Gourmet may, at our sole discretion, replace the damaged, spoilt or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).For the avoidance of doubt, no refund shall be provided in such an event.

7 Intellectual Property

7.1 All copyright, patents, trade marks, service marks, registered designs and all intellectual property rights in or relating to, and any applicable software and all HTML or other code contained in,the Site, all Content and/or the Services shall remain the property of Fassler Gourmet or its licensorsor other relevant third parties at all times.

7.2 Without prejudice to Clause 7.1, the trademarks, logos and service marks ("Marks") displayed on this Site are the property of Fassler Gourmetor other relevant third parties, and all rights to the Marks are expressly reserved by Fassler Gourmet orrelevant third parties. You are not permitted to use the name of "Fassler Gourmet", "Fassler"or any Marks, including in any advertisement or publicity material or as a hyperlink, without the prior written consent of Fassler Gourmet or the relevant third parties.

7.3 The domain name on which the Site is hosted on is the sole property of Fassler Gourmet and you may not use or otherwise adopt a similar name for your own use, whether commercial, personal or otherwise.

8 Comments, Feedback and Other Information

8.1 The Site provides or may provide designated areas for you to post comments, feedback, suggestions and other content or information (collectively, "Comments").For the avoidance of doubt, the Comments posted by you or other third parties (including any views, statements and opinions expressed therein) on the Site are those of yours or other relevant third parties and are not our views, statements or opinions. We do not endorse such Comments, and the posting of such Comments on the Site shall not constitute or be construed as constituting endorsement by us of the same.

8.2 You may post on the Site only Comments that are proper and appropriate and you must not post, upload, share, transmit, distribute or otherwise make available:

8.2.1 any Comment with the intention to, or to, commit, promote, encourage or facilitate anillegal act, a criminal offence or an immoral act;

8.2.2 any Comment that is inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful or otherwise objectionable in nature;

8.2.3 any Comment that is or constitutes advertisement, promotion or offer to sell any goods or services (and this prohibition applies even if you are acting for a charity or non-profit organisation), or any commercial solicitation or promotional materials;

8.2.4 any Comment that reveals any confidential or sensitive information or any personal information of other persons (including without limitation email address, telephone number or postal address or credit card numbers), or that may or will be a breach of privacy, confidence, publicity or other personal or proprietary rights of any third party;

8.2.5 any Comment that contains software viruses, computer codes, worms, trojans or any other components with harmful or contaminating effects to any user or equipment or which are technologically malicious or harmful; or

8.2.6 any Comment using a false e-mail address, impersonating any person or entity, or that is otherwise misleading as to the origin or source thereof.

8.3 By posting Comments on the Site, you represent and warrant to and undertake with us that:

8.3.1 your contents do not violate Clause 8.2 or any other provision of these Terms of Use;

8.3.2 you own or otherwise control all of the rights to the Comments that you post;

8.3.3 the Comments are true and accurate; and

8.3.4 the use of the Comments you posted will not cause injury to any person.

8.4 You hereby grant Fassler Gourmet 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 Fassler Gourmet may require at its sole discretion. You further agree that Fassler Gourmet may use and publish your name in connection with such Comments.

8.5 Fassler Gourmet has the right, but is not obliged, to monitor and review and to edit, delete or remove the whole or any part of the Comments posted on the Site at our discretion without notice and without giving any reason whatsoever. We take no responsibility and assume no liability for any Comments posted by you or any other third party on the Site or the edit, deletion or removal of(or the failure to edit, delete or remove) the whole or any part of the Comments posted on the Site.

8.6 If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at orderdept@fasslergourmet.com.

9 Disclaimers & Limitations

9.1 We provide the Site, Content and Services on an -˜as is' and -˜as available' basis only without representations or warranties of any kind,whether express or implied. To the fullest extent permissible under applicable laws, Fassler Gourmet 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 non-infringement. Without limiting the foregoing, Fassler Gourmet does not warrant that the functions contained in or access to the Site, Content, Services or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Content or Services are free of viruses or other harmful components. Fassler Gourmet does not warrant or make any representations regarding the use or the results of the use of the Site, the Content or the Services in terms of their correctness, accuracy, completeness, reliability, or otherwise.

9.2 You agree that:

9.2.1 Fassler Gourmet 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 providing any reason; and

9.2.2 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.

Fassler Gourmet shall not be liable for any Loss which may be suffered or incurred by you as a result of any of the foregoing events.

9.3 In no event shall Fassler Gourmet be liable to you for any Loss under any cause of action (whether at law or in equity, and whether in contract, tort (including but not limited to negligence), restitution, statute or otherwise) arising directly or indirectly from the access to and/or use of, or the inability to access and/or use, the Site, Content or Services or any other website or device. In the event that Fassler Gourmet is liable for any Lossdespite the foregoing provision, you agree that Fassler Gourmet's aggregate liability to you for any and all causes of action under these Terms of Use shall not exceed the price of the product giving rise to such claimsor payment actually received by Fassler Gourmet from you (if any).

9.4 In no event shall Fassler Gourmet be liable to you or any other third party for any indirect, special, consequential, incidental or punitive damages, loss of profits, business, revenue, goodwill or anticipated savings, or loss of or damage to data that result directly or indirectly from the Site, Contentand/or Services, or your access to and/or use of, or the inability to access and/or use, the Site, Content and/or Services or any other website or device, whether or notFassler Gourmet or an authorised representative of Fassler Gourmet has been notified, advised of, or should have foreseen, the possibility of such damagesand whether the same arises at law or in equity and whether in contract, tort (including but not limited to negligence), restitution, statute or otherwise.

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

10 Linked Sites

10.1 Fassler Gourmet may provide on the Site links, plug-ins, widgets or other connections to other sites and other sites may also provide links, plug-ins, widgets or other connections to the Site (collectively "Linked Sites"). Fassler Gourmet does not operate and has no control over, and is not responsible for and makes no representation or warranty relating to, the content, functions, goods sold or services provided on or obtained through, or the availability, accuracy, appropriateness, legality or reliability of, any of the Linked Sites.

10.2 Fassler Gourmet does not endorse or recommend and is not affiliated with, and the inclusion on the Site of a link to the Linked Sites or the inclusion on the Linked Sites of a link to the Site does not imply and shall not be construed as an endorsement or recommendation of or affiliation with, any of the Linked Sites or their operators and/or administrators.

10.3 Fassler Gourmet expressly disclaims all liabilities and responsibilities arising in relation to the access and/or use of any Linked Sites, and shall not be liable for any Loss you may suffer or incur from accessing and/or using the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites).You hereby agree to assume all risk arising from the access and/or use of the Linked Sites, and hereby irrevocably and unconditionally waive, release and discharge us from all claims against us with respect to any Loss suffered or incurred from accessing and/or using the Linked Sites.

11 Security & Privacy

11.1 Fassler Gourmet recognises the importance of keeping your personal information and data secure and private. To understand our security and privacy policies and practices, please read our Security & Privacy Policy (www.fasslergourmet.com/privacy).

11.2 Please do not submit any personal information or data without first reading our Security & Privacy Policy (www.fasslergourmet.com/privacy) which sets outour security and privacy practices in detail, including how we collect, use, transfer or otherwise deal with your personal data and other information that you provide through the Site.

12 Suspension & Termination

12.1 Your access to and/or use of, and continued access to and/or use of, the Site is at our sole discretion.You agree that Fassler Gourmet has the right in its sole and absolute discretion and without notice or liability to:

12.1.1 restrict, suspend, or terminate your access to and/or use of all or any part of the Site, Content and/or Services; and/or

12.1.2 deactivate, suspend or terminate your Account, and delete your Account and all related information and files in your Account,

without notice and without providingany reason whatsoever.

12.2 Without prejudice to the generality of the above, Fassler Gourmet reserves the right to deactivate your Account if it has been inactive for a period of [12 months] or more, or if you are in breach of any of these Terms of Use.

12.3 Fassler Gourmet will not be liable for any Loss that you may suffer or incur arising from or in relation to any action taken by Fassler Gourmet pursuant to Clause 12.1 and/or Clause 12.2.

13 Notification of Infringement

13.1 Fassler Gourmet reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of the Site, Content and/or Services ("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 in respect of the Contentor Services, please notify Fassler Gourmet in writing immediately in the form and containing the information prescribed by the Copyright Act, Chapter 63 of Singapore ("Infringement Notice").

13.2 All Infringement Notices shall be sent to Fassler Gourmet addressed as follows:

Fassler Gourmet Pte Ltd

46 Woodlands Terrace

Singapore 738459

Email address: orderdept@fasslergourmet.com

Attn: HR and Administration Manager

13.3 Fassler Gourmet 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 Fassler Gourmet in respect of any Infringing Material, unless you have first given Fassler Gourmet the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Fassler Gourmet refuses or fails to remove the Infringing Material within a reasonable time. Where Fassler Gourmet removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, all rights andcauses of action against Fassler Gourmet under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Fassler Gourmet.

13.4 You acknowledge and agree that Fassler Gourmet 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.

14 Jurisdictional Issues

The Site and Services are meant for use by residents of Singapore only. Fassler Gourmet makes no representation that the Site, Contents and/or Services are appropriate or available for use in your location if you are outside of Singapore. 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.

15 Indemnity

15.1 You shall indemnify and keep indemnified and hold harmless in full at all times Fassler Gourmet and its related corporations and its and their respective directors, officers, employees, agents, partners and contractors, against and from all claims, demands, actions, proceedings, awards, damages, losses, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), and/or expenses, due to or arising out of, directly or indirectly:

15.1.1 your access to and/or use of the Site, Contentand/or any Service;

15.1.2 your breach of any provisionin these Terms of Use;

15.1.3 your violation of any rights of another person or entity; or

15.1.4 your breach of any statutory requirement, duty or any applicable law.

16 Severability

If any provision of these Terms of Use is found to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, these Terms of Use shall as to such jurisdiction continue to be valid and in force as to its other provisions, and the remainder of the affected provision and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.

17 Relationship of Parties

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

18 Assignment

You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with any of your rights or obligations under these Terms of Use.

19 Waiver

19.1 No release or waiver of any of these Terms of Use or any rights or remedies by Fassler Gourmet shall be effective unless it is expressly stated to be a release and/or waiver and is made in writing and signed by an authorised representative of Fassler Gourmet.

19.2 A failure by Fassler Gourmet to insist upon strict performance of any of your obligations under these Terms of Use, or to exercise or enforce any rights conferred upon us by these Terms of Use, shall not constitute or be construed as constituting a waiver or variation of any such obligations, or rights or remedies, and shall not relieve you from compliance with such obligations or operate to bar the exercise or enforcement of such rights or remedies by us at any subsequent time or times.We remain entitled to insist upon strict performance of your obligations and/or exercise or enforce such rights or remedies at any time and also in any other situation. A release or waiver by us of any default shall not constitute a release or waiver of any subsequent default.

20 Force Majeure

20.1 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 in Clause 20.2 below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure to perform ceases or abates.

20.2 For the 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 any obligation under these Terms of Use. Such circumstance or event shall include, but not limited to, 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.

21 Whole Agreement

These Terms of Use (and any terms and conditions imposed at the time of acceptance of any order from you) constitute all the terms and conditions agreed upon between you and Fassler Gourmet as to your access to and/or use of the Site, Content and/or Services, and supersede and cancel in all respects all previous terms and conditions and agreements, if any, whether written or oral.

22 Third Party Rights

A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any provisions herein.

23 Governing Law & Jurisdiction

23.1 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 Evidence Act, Chapter 97 of Singapore, and the Electronic Transactions Act, Chapter 88 of Singapore, without giving effect to any principles of conflicts of law.

23.2 In respect of any disputes, claims, actions or proceedings arising out of or in connection with these Terms of Use, you submit to the non-exclusive jurisdiction of the courts of Singapore, and you agree not to object to such jurisdiction on the grounds of lack of personal jurisdiction or forum non conveniens or otherwise. Without prejudice to the foregoing, you agree that we also have the right to commence any actions or proceedings against you in any jurisdiction other than Singapore.

23.3 In respect of any disputes, claims, actions or proceedings arising out of or in connection with these Terms of Use, we submit to the exclusive jurisdiction of the courts of Singapore, and you agree not to commence any actions or proceedings against us other than in the courts of Singapore and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to jurisdiction of the courts of Singapore.