By accessing this Site, App and/or using the Services, you hereby agree:
1) Site, App and Services
1.1 The Site and App is owned and maintained by HL Enterprise.
1.2 HL Enterprises operates an online grocery store through the Site or App, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of grocery products:
1.2.1 access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
1.2.2 search engines or tools;
1.2.3 blogs, message boards, communication tools;
1.2.4 email or message alerts; and
1.2.5 any other services, features, content or applications that HL Enterprise may offer through the Site or App from time to time in our sole and absolute discretion.
1.3 HL Enterprise reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.
2.2 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:
2.2.1 any Service;
2.2.2 the Site or App;
2.2.3 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, App or Services (collectively, “Content”),
2.3 Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, 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 HL Enterprise.
2.4 The Site, App and all Content are the copyrighted work of HL Enterprise or our content or software providers, and HL Enterprise reserves and retains all rights in the Site, App and Content.
2.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or HL Enterprise in writing.
2.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, 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.
3) Sundayshop Account Information
3.1 To access certain parts of the Site, App or Services, you will be required to sign-up for an Sundayshop Account with Sundayshop (“Sundayshop Account”) and select a user name (“User Name”) and password (“Password”).
3.2 You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
3.2.1 share or permit others to use your Sundayshop Account or Password; or
3.2.2 assign or transfer your Sundayshop Account to any other person or entity.
3.3 You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Sundayshop Account. HL Enterprise 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 Sundayshop Account. If you are aware of any actual or suspected unauthorised use(s) of your Sundayshop Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: firstname.lastname@example.org.
3.4 Each household or delivery address may only register one (1) Sundayshop Account. Multiple Sundayshop Account(s) registering the same delivery address may be permitted at our sole discretion.
3.5 Please provide accurate, complete, and up-to-date information required for your Sundayshop Account. You may at any time change or update your Sundayshop Account information by clicking here.
3.6 Where a delivery address is associated with multiple Sundayshop Account(s) without our written authorisation, or fraudulent or wrongful use of an Sundayshop 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, to immediately:
3.6.1 cancel any orders placed through such Sundayshop Account(s);
3.6.2 cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Sundayshop Account(s);
3.6.3 prohibit such Sundayshop Account(s) or persons from participating in any promotions, contests or surveys of HL Enterprise; and/or
3.6.4 merge, suspend and/or terminate Sundayshop Account(s).
4) Orders, Pricing & Payments
4.1 Delivery areas
At present, HL Enterprise delivers to most areas in mainland Singapore, but not certain areas. To find out if HL Enterprise delivers to your area, please click here. You may also contact us at email@example.com to check on our delivery coverage. HL Enterprise will only process and accept orders within our delivery coverage.
4.2.2 All orders made by you are subject to stock availability. HL Enterprise 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.
4.3 Product Information, Pricing and Payment
4.3.1 HL Enterprise 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 error-free, updated or complete. You agree that HL Enterprise shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App 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, App or through our Services.
4.3.2 If the actual price of any item ordered by you is higher than that reflected on the Site, App 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 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:
(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; 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.
(iii) 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.
4.3.4 Payment for all orders shall be made in Singapore dollars.
4.3.5 We accept payment for orders by MasterCard, Visa and Paypal only. Kindly note that Paypal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by Paypal is subject to change.
4.3.6 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.
5) Promotions, Voucher Codes and other privileges and programmes
5.2 Promotions, contests, privileges and programmes are only valid for the time period specified by HL Enterprise.
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 HL Enterprise.
5.3.2 The Voucher Codes may only be redeemed by purchasing certain products from HL Enterprise during the applicable validity period. Unless otherwise stated, Voucher Codes do not apply to the following:
(i) baby formula and milk products;
(ii) over the counter (OTC) medicine; and
(iii) delivery charges.
5.3.3 Use of any Voucher Code must be indicated at the time of checkout, and all information required by HL Enterprise 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 spend may be required before 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 sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by HL Enterprise, may be purchased by you and given to others.
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 HL Enterprise 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 HL Enterprise 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 or through the App.
5.4 Where any gift is offered as part of a promotion, the gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.
5.5 Where you are permitted to return any product to HL Enterprise for a refund 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.
5.6 HL Enterprise’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
5.7 HL Enterprise reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
6.1 Delivery slots are subject to availability.
6.2 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 HL Enterprise. Please contact us at firstname.lastname@example.org to place a bulk order.
6.3 HL Enterprise will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries. You agree that HL Enterprise shall not be liable for any deliveries made outside the delivery time frame.
6.4 Please notify HL Enterprise 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.
6.5 Where you specifically instruct HL Enterprise 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.
6.6 If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. HL Enterprise reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee of S$10.00.
6.7 If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, HL Enterprise reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of S$10.00.
6.8 If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at email@example.com. HL Enterprise 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).
7) Intellectual Property
7.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with HL Enterprise and its licensors.
7.2 The trademarks, logos and service marks (“Marks”) displayed on this Site or App are the property of HL Enterprise and other third parties, and all rights to the Marks are expressly reserved by HL Enterprise and relevant third parties. You are not permitted to use the name of Sundayshop or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of HL Enterprise or such third party.
7.3 The domain name on which the Site is hosted on is the sole property of HL Enterprise and you may not use or otherwise adopt a similar name for your own use.
8) Comments, Feedback and Other Information
8.1 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. HL Enterprise reserves the right (but not the obligation) to review, remove or edit such content.
8.2 You hereby grant HL Enterprise 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 or App, for any purpose as HL Enterprise may require at its sole discretion. You further agree that HL Enterprise may use and publish your name in connection with such Comments.
9) Disclaimers & Limitations
9.1 While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, 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, HL Enterprise 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, HL Enterprise does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. HL Enterprises does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.
9.2 You agree that:
9.2.1 HL Enterprise 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, App or Services without assigning any reason; and
9.2.2 access to or the operation of the Site, the App 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,
and in any such event, HL Enterprise shall not be liable for any loss, liability or damage which may be incurred as a result.
9.3 In no event shall HL Enterprise 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, the App, Content or any other website or device. In the event that HL Enterprise is liable for damages despite the foregoing provision, you agree that HL Enterprise’s aggregate liability to you for any and all causes of action in relation to:
9.3.2 in all other cases (including any use of the Site, App or Services), shall not exceed S$1.
9.4 In no event shall Sundayshop be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if Sundayshop or a HL Enterprise authorised representative has been advised of, or should have foreseen, the possibility of such damages.
9.5 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Sundayshop at either reasonable costs or no costs to you.
10) Linked Sites
10.1 Sundayshop may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites”) that may be of relevance and interest to users. Sundayshop 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. Sundayshop does not endorse, recommend or guarantee any of the Linked Sites, and Sundayshop expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
11) Security & Privacy
12) Suspension & Termination
12.1 You agree that HL Enterprise 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 all or any part of the Site, App or Services; and/or
12.1.2 terminate, deactivate or suspend your Sundayshop Account, delete your Sundayshop Account and all related information and files in your Sundayshop Account,
without assigning any reason.
13) Notification of Infringement
13.1 HL Enterprise reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, 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, App or Services, please notify HL Enterprise in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
13.2 All Infringement Notices shall be sent to HL Enterprise addressed as follows:
HL Enterprise Pte Ltd
5000, Techplace 2, #04-13, Ang Mo Kio Ave 5, Singapore 569870
Email address: firstname.lastname@example.org
Attn: Business Development Manager
13.3 HL Enterprise 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 HL Enterprise in respect of any Infringing Material, unless you have first given HL Enterprise the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter HL Enterprise refuses or fails to remove the Infringing Material within a reasonable time. Where HL Enterprise removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against HL Enterprise under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by HL Enterprise.
13.4 You acknowledge and agree that HL Enterprise 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
14.1 The Site, App and Services are meant for use by residents of Singapore only. HL Enterprise makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location. Those who choose to access this Site or App 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.
15.1 You agree to indemnify and hold HL Enterprise 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:
15.1.1 any use of the Site, App or any Service;
15.1.2 your connection to the Site or App;
15.1.4 your violation of any rights of another person or entity; or
15.1.5 your breach of any statutory requirement, duty or law.
17) Relationship of Parties
18.1 No waiver of any rights or remedies by HL Enterprise shall be effective unless made in writing and signed by an authorised representative of HL Enterprise.
19) Force Majeure
20) Governing Law & Jurisdiction
20.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.