Published: 26th August 2020
TERMS & CONDITIONS
These Terms of Use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the websites and mobile applications provided by KGB Trading Pte Ltd (or referred as “KGB Trading” or “us”) (collectively the “Platform”).
Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms. If you do not agree with or fall within the Terms, please do not use the Platform.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
KGB Trading reserves the right to change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. It is your responsibility to review the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are posted.
All photos and images of the Goods shown on the Platform are also for illustrative purposes only and may differ from the actual Goods.
1. What do we do
Through our Platform, https://kgbsnacks.com/ (a.k.a. “Khao G Bharke”) you can order a variety of goods including packaged snacks, sweets, prepared meals, beverages, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods“) to be delivered to you. When you place an order for these Goods, this platform acts as an agent to facilitate, process and conclude the order and deliver your order to you. The delivery of Goods may be operated by third party vendors, our affiliate companies, or us.
2. How to contact us
For customer support, you may reach out to us via phone call or WhatsApp on +65 9021 1901 or drop us an email at khaogbharke@gmail.com.
3. Use of the Platform and User Account
3.1 You may need to register for a Khao G Bharke account for you to use the Platform or at least provide your personal information including a valid email address, a mobile phone number and a contact details. To purchase an Order, depending on which payment method you opt for, you may need to scan QRCode to pay via Paynow or Paylah. You are solely responsible for keeping your payment option safe. You are sole responsible for placing your order and sharing your personal information.
3.2 KGB Trading 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.
3.3 If you wish to delete your Khao G Bharke account or personal information, please send us an email requesting the same. We may restrict, suspend or delete your personal details and/or use of the Platform, if we reasonably believe that:
3.3.1 someone other than you is using your information; or
3.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.
4. Restrictions
4.1 Activities Prohibited on the Platform
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. KGB Trading reserves the right to investigate and take appropriate legal action against anyone who, in KGB Trading sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
4.1.1 using the Platform for any purpose in violation of local, state, or federal laws or regulations, including any false, deceptive, misleading, or fraudulent purpose;
4.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
4.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by KGB Trading in its sole discretion or pursuant to local community standards;
4.1.4 posting content that constitutes cyber-bullying, as determined by KGB Trading in its sole discretion;
4.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
4.1.6 posting telephone numbers, street addresses, or last names of any person;
4.1.7 posting URLs to external websites or any form of HTML or programming code;
4.1.8 posting anything that may be “spam,” as determined by KGB Trading in its sole discretion;
4.1.9 impersonating another person when posting content;
4.1.10 harvesting or otherwise collecting information about others, including email addresses, without their consent;
4.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
4.1.12 harassing, threatening, stalking, or abusing any person on the Platform;
4.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of KGB Trading, exposes KGB Trading or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
4.1.14 encouraging other people to engage in any prohibited activities as described herein.
4.2 KGB Trading reserves the right but is not obligated to do any or all of the following:
4.2.1 investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
4.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
4.2.3 suspend or terminate a user’s access to the kgbsnacks.com Platform account upon any breach of these Terms;
4.2.4 monitor, edit, or disclose any content on the Platform; and
4.2.5 edit or delete any content posted on the Platform, regardless of whether such content violates these standards.
5. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the c or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the KGB Trading. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with our Website and Services may be the trademarks of other third parties. Your use of the platform and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
6. Orders
6.1 When you place an Order with kgbsnacks.com, KGB Team will confirm your order by sending you a confirmation email containing the order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and service tax (GST) ,value-added tax (VAT) etc).
6.2 Minimum Order Value – Some of our Orders require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions – KGB Trading and the Suppliers (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, KGB Trading and/or the Supplier reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither KGB Trading nor the Supplier shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – KGB Trading is not obligated to provide ingredient information or allergen information on the Platform. Further, KGB Trading does not guarantee that the Goods produced by Supplier are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Supplier before placing an Order on our Platform.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the product supplier.
6.6 Prior to placing the Order
6.7 To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you submit the Order. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
6.8 Cancelling an Order
Please reach out to us via phone call or WhatsApp on +65 9021 1901 or drop us an email at khaogbharke@gmail.com if you wish to cancel the Order. You have the right to cancel your Order provided it’s not scheduled for delivery.
6.9 Refund
If you are entitled to a refund in accordance with the refund and cancellation policies set out in this Terms of Use, you may require to provide additional information prior to processing any refund.
7. Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. You accept that prices and offers on the Platform may vary from the prices and offers offered by our Vendors elsewhere (including their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order by default. Currently KGB Trading has waived off delivery charges for Orders above $ 25 (SGD 25)
7.4 Prices indicated on the Platform are as at the time of each Order and may be subject to change.
7.5 You can choose to pay for an Order using Paynow to UEN: 202120920E or Paylah using the QR Code available on the checkout page.
7.6 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. You have to make the payment within 1 hour after placing the Order otherwise KGB Trading treats the Order on hold.
7.7 KGB Trading reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion.
8. Delivery or Pick-Up
8.1 Delivery Time: KGB Trading shall delivery your Order to the delivery address provided by you. An estimated delivery time will be 3-5 working days upon receiving your Order payment but delivery times shall vary depending on factors that are not controlled by us (e.g. delivery resources, order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
8.2 Unsuccessful or Failed Deliveries
8.2.1 Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
• no one was present or available to receive the Order;
• customer was uncontactable despite attempts to reach the customer via the phone number provided;
• lack of appropriate or sufficient access to deliver the Order successfully;
• lack of a suitable or secure location to leave the Order
We will contact you via, among others, call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, KGB Trading reserves the right to cancel the Order without refund or remedy to you.
8.3 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please immediately contact us via one of the methods set out above. In some cases, KGB Trading may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.4 Pick-Up
If you are willing to pick-up the Order please reach out to us via said contact methods although there will not be any discount or reduction in your Order payment.
9. Coupon, Discounts and Promotions
9.1 From time to time, KGB Trading may run marketing and promotional campaigns which offer coupon codes, discounts, and other promotional offers to be used on the Platform (“kgbsnacks.com”). Coupons are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 Coupons may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Coupons.
9.3 Unless otherwise stated, Coupons can only be used on our Platform.
9.4 Coupons cannot be exchanged for cash.
9.5 KGB Trading reserves the right to void, discontinue or reject the use of any Vouchers or Coupons without prior notice Individual terms & conditions apply
9.6 KGB Trading may exclude certain Customers from the use of Vouchers at any time without prior notice to you.
9.7 Coupon Codes may not be applicable to certain products and KGB Trading reserves the right to decide the products
10. Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platform are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.
All photos and images of the Goods are also for illustrative purposes only and may differ from the actual Goods.
While KGB Trading makes reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
10.2 Limitation of Liability
To the extent permitted by law, KGB Trading (which shall include its employees, directors, agents, representatives, affiliates and partners) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The KGB Trading entity, their agents/partners, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the KGB Trading, their agents/partners, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
11 Indemnity
You agree to indemnify, defend, hold harmless KGB Trading and its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platform or your breach of these Terms
12 Third Party Links and Websites
The Platform 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.
13 Amendments
KGB Trading may amend these Terms at any time in its sole discretion, and the amended Terms shall be effective immediately upon posting, subject to applicable laws. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.
14 Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the kgbsnacks.com and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
15 Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to khaogbharke@gmail.com
This document was last updated on August 26, 2021