Terms & Conditions
We reserve the right and sole discretion to update and amend these Terms of Sale at any time, and we will upload the modified version on this webpage podlabs.sg. You agree that it is your responsibility to regularly check our webpage for the latest Terms of Sale, and your order will be governed by the version of the Terms of Sale present on our webpage at the time when you submit your order.
- Registering an account
1.2 In the event that any of your particulars as entered into your account with us becomes inaccurate or changes, you agree that you will inform us promptly and/or access the available options in your account platform to update your information.
1.3 Access to your account is protected by the password that you create. You undertake to keep your password and login ID confidential and secure at all times.
1.4 You are fully responsible for your own account. Therefore you undertake to us that you will be fully responsible for any orders, transactions or other actions taken through your account, and we are entitled to rely and act on any instructions that we receive through your account without having to conduct any further verifications (notwithstanding our right to verify as set out in Section 5 below). Without limiting the generality of the aforeging, you therefore agree to be fully responsible for paying for all prices, fees and charges that are incurred through your account.
1.5 In the event that you suspect that an unauthorised person might know your password, you must immediately change your password and also notify us.
- Terms of third party manufacturers and suppliers
2.1 Some of the products made available on sale via our Site are manufactured and supplied by third party manufacturers and suppliers (“Third Party Products”). As such, when you purchase these Third Party Products, the terms and conditions (if any) of these manufacturers and suppliers will also apply, including but not limited to warranties, disclaimers and instructions of use.
2.2 The products on sale via our Site may carry guidelines or restrictions whether imposed by us or the third party manufacturers, such guidelines or restrictions may include but is not limited to the suitability of the products only for a certain age group or for persons without certain food allergies. Please read such guidelines or restrictions carefully before you purchase any product as no request for refund (except pursuant to Section 8 below) will be entertained.
2.3 Warranties and/or after-sales service for certain products may be only applicable for certain countries. Please check the description of the products before purchasing to ensure that there is warranty and/or after-sales services available in your country if you are concerned about warranties and/or after-sales services.
2.4 Before you purchase any Third Party Products form our Site, you are encouraged to do your own checks (whether via the Third Party Products’ manufacturer’s website or other resources) on the specifications and suitability of such Third Party Products from our Site. Where you have purchased or leased a Third Party Products’ machine from our Site that comes with a manufacturer’s warranty, the warranty will be based on such terms and conditions as listed in the original product documents, and your warranty will be provided by the manufacturer itself, not the Company. All manufacturer’s warranties that may accompany any Third Party Products will be passed through to you. Therefore for any claims under such warranties, you will need to approach the manufacturer (or its duly appointed representative) as indicated in the product documents, and we will not be obligated to provide any assistance thereto. Except for the aforesaid manufacturer’s warranty, all other warranties express or implied are excluded to the fullest extent permitted under applicable laws, including but not limited to warranties pertaining to quality, merchantability and fitness for purpose (even if the Company has been advised in advance of such purpose).
2.5 In the event that you require troubleshooting, repair, servicing, maintenance and/or any other support services for the Third Party Products’ machine that you have purchased or leased through our Site, please contact the manufacturer and/or its support service department as stipulated in the product documents accompanying the said Third Party Products’ machine. Please note that our Company will not be able to assist in such support and repair services nor are we under any obligation to render any such services.
- Offer and Acceptance
3.1 The products as listed for sale on our Site constitutes an invitation to treat, and in the event that you place an order for any such products, your order shall constitute your offer to us to purchase such products. When we receive your order, we will make the necessary checks on availability of stocks, our ability to deliver the product to you, the estimated time-frame for delivery (although you agree that time is not of the essence), verify your personal details and seek payment pursuant to the payment details that you have provided to us.
3.2 When we accept your offer to purchase, we will send you a confirmation email (“Confirmation Email”), whereupon a valid contract will be automatically formed between you and our Company (“Sale Contract”). The aforesaid Sale Contract shall end once delivery of the purchased products has been made to the address indicated in the Confirmation Email.
3.3 In the event that any products which you ordered has not been confirmed in the Confirmation Email sent to you, such excluded products shall not form part of the Sale Contract. Upon our next Confirmation Email to you confirming our acceptance of your offer to purchase the previously excluded products, a separate Sale Contract will be formed. In the absence of a Confirmation Email from us, no Sale Contract shall be formed in relation to any ordered products.
3.4 By placing an order with us for any product, you represent and warrant that you are above eighteen (18) years of age, and if you are not, that you are placing an order with the authorisation of your parent or legal guardian. Our Company is entitled to rely on such representation, and is not required to conduct any checks on your actual age. Accordingly, a Sale Contract formed with you is valid, enforceable and binding against you and/or your parent/legal guardian, and you shall not be entitled to seek a refund or cancellation of the Sale Contract based on your age.
3.5 Our Company reserves the right not to accept your purchase order, and we do not need to convey the reasons of our non-acceptance to you (although generally, the usual reasons for our not accepting your purchase order would be related to inability to process payment, unavailability of product or inability to deliver to your requested address).
3.6 Capsules Only (recurring order) plans and Capsules + Machines plans (collectively ‘coffee plans) listed for sale on our website are subscription plan services consisting of an initial charge and then followed by recurring charges as agreed to by you. By entering into such a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (monthly or quarterly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorisation or change your payment method email [email protected].
3.7 By subscribing to one of our Capsules Only (recurring order) plans you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us. You can cancel your subscription at any time and you will not be charged for any cancellation.
3.8 By subscribing to one of our Capsules + Machine plans you are agreeing to pay a recurring subscription amount until the end of the minimum subscription term (either 12 or 24 months) as selected by you during the order process on our website. Premature termination by Subscriber prior to the end of the Subscription Period must be pursuant to the provisions of Section 8 below.
3.9 For all subscriptions you can resubscribe at any time following your cancellation, but we reserve the right not to permit resubscriptions where we have previously elected to terminate a subscription by you.
4.0 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
4.1 At any time without prior notice, we may correct any errors or omissions and change information on the Site. If the information presented is erroneous, incomplete or outdated we may refuse your orders which were based on erroneous information, including, without limitation, information pertaining to shipping, pricing, return policies, or payment terms.
If we detect a price error, we endeavour to notify you as soon as possible. This may occur prior to dispatch of products. You have the option of either reconfirming your order at the correct price or cancelling your order. If you cannot be contacted, we will deem the order as cancelled. You will be entitled to a full refund, if you have already paid for the products and choose to cancel your order.
- PROMOTIONS AND QUANTITY RESTRICTION
4.1 Products on our Site are available only in limited quantities and may be subject to minimum and/or maximum order quantity requirements. In particular, for certain promotions, and for certain products, there may be a restriction on the number of units that you can order for some of our products. In which case, should you order more than the permitted maximum quantity, the exceeded quantity shall be cancelled automatically and no Sale Contract shall be formed in relation to such exceeded quantity.
4.2 Should you sincerely wish to purchase more units than the stipulated maximum quantity, or if you would like to become a re-seller, please email us at [email protected].
4.3 During our promotions, there may be some caveats, disclaimers, exclusions, restrictions and other terms and conditions that will apply to orders made during such promotions. Please read carefully the terms and conditions accompanying such promotions before you place an order pursuant to the promotion.
4.4 If you intend to use a discount voucher or promotional code for any purchase order, you must key in such discount voucher or promotional code at the same time that you are placing your order, otherwise we will not be able to provide you with the discount, and no reimbursements or refunds will be given in relation thereto. Should you encounter any difficulty in applying a discount voucher or promotional code, please email us at [email protected] and allow us to resolve the issue before placing an order as we cannot retrospectively apply the discount for you once an order has been placed.
5.1 In order to confirm your purchase order, our Company needs to be able to process payment. Accordingly, you must provide to us all relevant details in relation to your payment mode, and you are deemed to have provided your consent to our Company to use, disclose and transfer to the relevant third parties (including but not limited to online payment solutions providers, payment gateways, banks and credit card associations, whether in Singapore or overseas) your payment details so that our Company is able to collect payment for your purchase. For the avoidance of doubt, the third parties outside of Singapore to whom your payment details may be transferred to are subject to obligations (whether contractually or legislatively) of confidentiality and data protection similar to the requirements of the Data Protection Act 2012
5.2 Full payment of purchase price by you is an obligation under the Sale Contract. As such, if for any reason after our Confirmation Email has been sent to you, our Company is unable to receive full payment (regardless of reasons) from you via your selected payment mode, we shall not be obliged to deliver your ordered products, the Sale Contract shall be automatically terminated and our Company shall have no further obligations towards you nor are you entitled to make any claims whatsoever against our Company.
5.3 In the event that after our Confirmation Email has been sent to you, our Company discovers that it is unable to fulfill your purchase order for any reason (including but not limited to unavailability of the ordered product or inability to deliver), our Company will notify you accordingly and reverse any payment that it has collected from you. Thereafter, the Sale Contract shall be automatically terminated and our Company shall have no further obligations towards you nor are you entitled to make any claims whatsoever against our Company.
5.4 Our Company accepts payment only in Singapore Dollars (SGD). Your bank or credit card provider will automatically apply the prevailing current exchange rate to the payment that you are making for your purchase, and may also charge you administration costs. Please contact your bank or credit card provider before making a purchase if you are concerned or unaware about such administrative charges.
6.1 To minimize online frauds, we have the right (but not the obligation) to conduct verification checks at any time on purchase orders that we receive from you. Our checks may be conducted by calling you on the telephone, and/or emailing you for further verification before confirming your order. We may also engage the services of credit bureaus, credit rating agencies, and fraud prevention companies, with whom we may share certain details regarding your identity, your selected payment mode, your payment information and other relevant information for the sole purpose of detecting and preventing fraudulent use of your payment cards.
7.1 Delivery charges will apply as following:
Singapore: SGD 7 for Capsules Only – Weekend (both one time and recurring orders) and free for all other coffee capsules plan chosen.
Charges to other countries will depend on the country of delivery. We may not be able to deliver to all countries. Please email us at [email protected] for further details on our delivery charges and locations that we deliver to outside Singapore.
7.2 Legal title and ownership in the products ordered by you remains with us until we have received full payment from you. Once we have received full payment of the ordered products and the ordered products are delivered at your address, full title and risk in the products shall pass to you.
7.3 Unless you satisfy the requirements for a full refund under clause 8.2 below, there shall be no refund of any delivery and insurance charges that you have paid.
7.4 Our products are in Singapore and will therefore be delivered from Singapore. In the event that you require delivery outside of Singapore, you may be required to pay additional import or export customs, levies, duties or taxes (“Taxes”). You agree that you shall be fully responsible to pay for all such Taxes and our Company shall not be howsoever whatsoever liable to you in the event that you are unable to receive your purchased products due to non-payment of the Taxes.
7.5 In the event that your purchased products are detained by the regulatory authorities in your country for inspection or pending payment by you of any applicable Taxes, our Company shall have no liability whatsoever thereto, and you agree that it is your own responsibility to liaise with the regulatory authorities and make such payments as is necessary for you to receive your purchased products.
7.6 When placing your order, you must ensure that your delivery address is entered accurately and with all complete details required for a delivery to be made to your address. Our Company is not howsoever responsible for any non-receipt of the products due to any error or omissions in your entered delivery address.
7.7 Our Company is not aware of the restrictions that your country may have in relation to imported items. You therefore agree to be fully responsible for checking with your customs import regulatory authorities before placing an order with us, and our Company is not howsoever whatsoever responsible in the event that you are unable to receive your purchases due to the import restrictions applicable in your country or if you face any sanctions or penalties from your regulatory authorities due to your purchase.
7.8 You will be required to sign off acknowledging receipt when receiving the products. In the event that you are unable to accept delivery, the delivery service provider may either call you, leave a SMS or a card informing you of the failed delivery and requesting for your instructions on re- delivery or collection from the delivery service provider. If a redelivery is required at an alternative time through no fault of us or our logistics partners an additional fee of SGD 7 will be charged for delivery in Singapore. For delivery outside Singapore redelivery charges will depend on the regarding country. Please email us at [email protected] for further details on our (re)delivery charges and locations that we deliver to outside Singapore.
7.9 In the event that you do not accept delivery within two (2) weeks, whether due to your unavailability or wilful refusal to accept delivery or otherwise, your purchased products will be sent back to our Company, and we may in our sole discretion opt to:-
(i) charge you for re-delivery, storage, administrative and other costs incurred by us; or
(ii) terminate your Sale Contract immediately by emailing you, thereafter we shall not be obligated to re-deliver the products to you, and we will refund to you the purchase price that you have paid after deduction of re-delivery, storage, administrative and other costs incurred by us.
For the avoidance of doubt, our Company’s exercise of the above remedies does not affect any other right or remedy available to our Company whether at law or in equity.
8.1 For Capsules Only plans you may cancel your plan/subscription anytime. Your cancellation request should be received 5 working days before the next delivery to ensure that the cancellation is processed prior to the next delivery. The next delivery will always be on the same day in accordance with the arrival of the first box of coffee capsules received.
8.2 To cancel your Capsules Only plan/subscription, you must email [email protected], or click the cancel button in your online customer account.
8.3 For Capsules + Machine plan/subscription a one month notice and a machine recovery fee + administration fee shall apply for cancellation/termination or downgrade of ‘Coffee + Machine’ plan before the subscription expires.
8.4 Following prices (recovery fees) are payable upon downgrade/cancellation of standard service plan:
12 month plan/subscription:
- More than 11 months of the remaining contract 100% x 1 Year Downgrade Penalty – $448 (Gradated) for Lattissima One, -$588 (Gradated) for Lattissima Touch, -$888 (Gradated) for Lattissima Pro.
- 11 months or less of the remaining contract X/12 x 1 Year Downgrade Penalty -$448 (Gradated) for Lattissima One, -$588 (Gradated) for Lattissima Touch, -$888 (Gradated) for Lattissima Pro.
24 month plan/subscription:
- More than 23 months of the remaining contract 100% x 1 Year Downgrade Penalty -$448 (Gradated) for Lattissima One, -$588 (Gradated) for Lattissima Touch, -$888 (Gradated) for Lattissima Pro.
- 23 months or less of the remaining contract X/24 x 2 Years Downgrade Penalty -$448 (Gradated) for Lattissima One, -$588 (Gradated) for Lattissima Touch, -$888 (Gradated) for Lattissima Pro.
Note: ‘X’ in item 3 refers to number of remaining months of the contract period at point of termination/downgrade.
8.5 In addition to the recovery fee as per clause 8.4, an administrative fee of SGD75 will need to be paid in case of cancellation/termination or downgrade of the coffee plan before the subscription expires.
To cancel your Capsules + Machine plan/subscription before the expiry date, you must email [email protected].
- RETURNS AND REFUNDS
9.1 We will, at our discretion, accept returns or exchange of goods (excluding coffee and other consumables). Only if:
- a) the product is damaged before receipt; or
- b) there is a discrepancy between ordering and delivery,and provided always that such product is still in its origonal package, original tags attached, accompanying documents and manuals, in good condition and subject to any other terms and conditions that our Company may impose for allowing you the privilege of a refund or exchange.
9.2 No refund will be given for consumables (e.g. coffee).
9.3 To claim for an exchange or refund for a defective product, please email us at [email protected] within seven (7) calendar days of your receipt of the defective product, attaching your proof of purchase/receipt, a photograph showing the defect and describing to us the defect. Our Company may request for further information from you, after which, if our Company is satisfied that the product was already defective before being delivered to you, you will need to return the defective product to our Company at your cost, and our Company shall in its sole determination either refund you the full purchase price and delivery charge or deliver a substitute product to you. You further agree that in order for our Company to refund or replace the defective product as per the aforegoing, you must return the defective product with its complete packaging, accompanying documents, manuals, labels and tags, in the same condition that you received it, therefore you agree to be careful when opening the package that you receive.
9.3 On case by case basis, where our Company agrees to refund or exchange products that you find unsatisfactory or were damaged while in transit, you must return such products to us in their original packaging, original tags attached, accompanying documents and manuals, in good condition and subject to any other terms and conditions that our Company may impose for allowing you the privilege of a refund or exchange. Where you have failed to take reasonable care of the goods, whether whilst in your possession or when returning them, any refund agreed to by the Company shall be less any amounts due by way of compensation to either repair the goods or to cover any loss. In no event shall any discretionary refund or exchange agreed to by our Company pursuant to this clause 8.3 include any refund for delivery charges. For the avoidance of doubt, our Company is not in any way obligated to entertain any requests for refund or exchange except where the products are defective.
9.4 Where a refund is permitted by our Company pursuant to this Section 8, in the event that you purchased the product at a promotional or discounted price, the refund will be for the discounted price only.
10.1 All products (including Third Party Products) made available on our Site are provided “AS IS”. We make no warranties of any kind in relation to our products, whether expressed or implied, including but not limited to warranties of merchantability, fitness for use, quality, quantity, taste, sufficiency, suitability, results, or fitness for a particular purpose even if we have been informed in advance of such purpose. It is your responsibility to ensure that the products you purchase are appropriate for you, suit your purposes and meet your individual requirements. We do not warrant that the products you purchase will meet your individual requirements, taste expectations, food sensitivities, or medical conditions, nor do we do we make any guarantees on the results of the usage of any of our products and/or your bodily reactions thereto, regardless of the description and/or reviews by other customers displayed on our Site. You further acknowledge and agree that the products we sell on our Site are standard, generic, meant for the masses, and not specifically tailored or made bespoke to fit any particular requirements (including any dietary requirements) that you may have (even if you have informed us beforehand of any particular requirements). Accordingly, you agree that you will not howsoever hold us liable whatsoever for any medical conditions or injuries or allergies or other health issues that may occur due to your use or consumption of our products.
10.2 To the fullest extent permitted at law, our Company hereby fully excludes all liability in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions in this Terms of Sale for any injuries, medical conditions, allergies, economic loss (including without limitation medical fees, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, and any special or indirect losses or consequential losses suffered or incurred arising out of or in connection with any subject-matter arising out of any provision of this Terms of Sale and/or our performance of our obligations hereunder this Terms of Sale.
10.3 You acknowledge that the products displayed on the Drinks Express Site are indicative only. In particular, Images have been provided for illustrative purposes only. Drinks Express shall not be liable in case of errors or omissions in the photographs or texts displayed on the Site.
10.3 In the event that our Company’s liability cannot be fully excluded pursuant to clause 9.2 above, you agree that our Company’s total liability to you for all claims in relation to the products you purchased and any claim howsoever arising in relation to any provision in this Terms of Sale, shall be limited to a refund of the payment (purchase price) that you have paid to our Company for the purchased products from whence your claim arose. This clause 9.3 shall be your sole and exclusive remedy for any claim howsoever arising from this Terms of Sale, including but not limited to a claim based on the performance, non-performance, delayed performance, omissions in relation to our Company’s obligations hereunder this Terms of Sale.
10.4 For international deliveries to countries other than those where Drinks Express originates its shipments, Drinks Express shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
- FORCE MAJEURE
11.1 You agree that our Company will not be held responsible for any delay or failure to comply with our obligations hereunder this Terms of Sale if the delay or failure arises from any cause that is beyond our reasonable control, such as natural catastrophes, riots, civil unrest, strikes, disease, pestilence, floods, earthquakes, fire and other unforeseeable/uncontrollable events.
11.2 In the event of delay, Drinks Express will perform its obligations as soon as reasonable possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
- GOVERNING LAW AND JURISDICTION
12.1 Both Parties agree that this Terms of Sale and all provisions herein shall be governed by and construed in accordance with the laws of Singapore without regard to any conflict of laws principles. Accordingly, both Parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.
- GENERAL PROVISIONS
13.1 Assignment: You may not be assigned any of your rights or obligations hereunder this Terms of Sale in whole or in part to any third party without the prior written consent of our Company.
13.2 Invalid Provisions: If any provision of this Terms of Sale becomes or is declared illegal, invalid, void, voidable or unenforceable, such provision shall be deemed severable and divisible from this Agreement and will be deemed to be deleted from this Terms of Sale and where possible, replaced by a provision that comes closest to such unenforceable or voidable provision in language and intent, without being illegal, invalid, void, voidable or unenforceable. The headings used in this Terms of Sale have been inserted for convenience of reference only and do not define or limit the provisions hereof.
13.3 Waiver: The failure or delay of our Company at any time or times to require your performance of any provision hereof shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.
13.4 No Partnership: Nothing in this Terms of Sale shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and our Company.
13.5 No Third Party Beneficiaries: Save for you and our Company, none of the provisions of this Terms of Sale shall be for the benefit of or enforceable by any other third party. No such third party shall obtain any right under any provision of this Terms of Sale or shall by reasons of any such provision make any claim in respect of any debt, liability or obligation (or otherwise) against either you or our Company hereto.
13.6 Notices: Any notice or written communication provided for in this Terms of Sale shall be sent via registered post, courier, normal post, or email transmission to the last known (or last communicated with) address of the other party, and in the absence of any notice of non-receipt, all communications sent via email transmission shall be deemed to have been received within the same day of sending, for communication sent via courier and normal post the communication shall be deemed as received on the next day immediately following the date of sending, and for registered mail, the communication shall be deemed as received 3 working days after the date of sending. For the avoidance of doubt, any emails sent by our Company to your email address as registered in our account with us shall be deemed sufficient notice given pursuant to this Clause 12.6 unless we receive notification of unsuccessful transmission of our email.
- Our Site Content
2.1 No information on our Site, or our newsletters, marketing materials, promotional updates or other email updates (collectively, our “Updates“) which you may have viewed, subscribed to or downloaded via our Site, constitutes medical advice, advice from nutritionists, financial advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law.
2.2 The content on our Site and Updates are meant to provide information regarding our Company, our products, our services, and other associated matters, which includes information regarding our coffee, coffee related products, and subscriptions to our coffee capsules. The aforesaid information constitutes general knowledge only not meant for specific reliance for any particular or out-of-the-ordinary purpose by any entity or individual, and therefore in the event that you wish to obtain more information on any of our specific product or service, please email us at [email protected]. Neither our Site, nor our Updates, is intended to be a substitute for any medical advice, nutritionist’s advice, legal advice, financial advice, nor any representations by any medical doctors, qualified nutritionists, law firms, financial institutions, or any licensed financial planners. Should you require advice on specific nutritional needs, allergies, food-type requirements, and/or any other health related matters, please approach your family doctor or a qualified nutritionist before relying on information or purchasing from our Site.
2.3 Our Site and Updates may contain information on third party products such as the Nespresso coffee machine. However, this does not imply any association with or endorsement by Nespresso or any other third parties. The content of such third party products as stated on our Site and in our Updates are based on information made publicly available by such third parties, and we therefore make no representations or warranties on the accuracy or updatedness of such third-party product related information. You are encouraged to conduct your own checks on any such third party products or services that you see on our Site and/or our Updates prior to purchasing any such third party products from our Company.
2.4 Any general knowledge, opinions, articles, FAQs, questions and answers, expressed on our Site, and our Updates constitutes the sole discretionary opinion of our Company, and where applicable, third party writers, reviewers, individual contributors from the public, and consultants whose names shall be published along with such tips and/or opinions only, and does not represent the opinion of any regulatory bodies or regulated institutions (unless otherwise stated).
2.5 Reviews of our products, services, our Site, our Updates and other matters related to our Company posted by individuals or third party companies on our Site and our Updates are the personal views of such individuals or third party companies, and does not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness or results of the reviewed products, services or other subject-matter.
2.6 We may make available limited quantities of free samples or trial items via our Site and/or our Updates. You agree that when you contact us for any such free samples and/or trial items, it is not guaranteed that such free samples and/or trial items will definitely be made available to you.
2.7 Promotions and discounts as featured on our Site and/or our Updates are for limited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions and/or discounts. Once a promotional period expires, you are no longer eligible to participate in such promotions and our Company is not howsoever obligated to provide any such previously offered privileges or discounts to you even if you have contacted our Company with queries during the promotional period.
- Intellectual Property
3.1 All content, including any write-ups, articles, quotations, diagrams, charts, layout, photographs and drawings, as displayed on our Site, and in our Updates, are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company). You agree therefore that without our Company’s prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on our Site, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our content.
3.2 All company names (including our Company’s name and the company names of the any third parties featured on our Site), logos, trade marks, service marks, brands (collectively the “Branding“) represented on our Site, and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site, and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.
3.3 Certain third party Branding may be featured on our Sites and/or in our Updates to show that such third party products are available, and/or that our products can be used in conjunction with such third party products. However, this does not imply that our Company is a licensed official agent, distributor, or re-seller of the aforesaid third party products, as certain of such third party products may be authentic parallel imports or simply resold by our Company after purchasing from legitimate sources.
- Third Party Sites and Browsing Experience
4.1 Please note that we do not control any links, services, content, products or resources provided by other third parties referenced or linked to our Site, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Company logo or name. We seek your further understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked on our Site, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.
4.2 You agree that our Company may employ cookies, action tags or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience.
5.1 Our products and services are targeted for adults and business entities. Our Site, and our Updates are therefore not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site.
6.1 In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.
6.2 Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions.
- Disclaimers and Limitation of Liability
7.1 While we have exercised due care in the preparation of all content displayed on our Site, and in our Updates, such content, information and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”.
7.2 YOUR USE OF OUR SITE, AND OUR UPDATES IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE) OR RELIABILITY OF OUR SITE, OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
7.3 IN ADDITION, OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC FOOD-SENSITIVITIES, NON-ALLERGENIC, NON-INFRINGEMENT OR RELIABILITY OF ANY PRODUCTS OR SERVICES DISPLAYED ON OUR SITE AND/OR IN OUR UPDATES. YOU MAKE YOUR OWN PURCHASES AND/OR SUBSCRIPTIONS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL PURCHASES AND/OR SUBSCRIPTIONS ARE AT YOUR OWN DISCRETION AND RISK.
7.5 Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, or our Updates, including but not limited to any virus, trojan horse or worm attacks on your computer.
7.6 In the event that our Company’s liability to you in relation to our Site, Updates, products and/or services featured on our Site and/or Updates, cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed S$50.
- Governing Law and Jurisdiction
10.3 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.
- Your Consent to our Collection, Retention and Use of Personal Data and Confidential Information
3.1 In order for our Company to provide you with our services and products, you agree and consent to our Company collecting, using and retaining your Personal Data and/or Confidential Information as follows:-
(i) When you sign up for our Updates, or you email us with any queries, you will be required to provide us with your Personal Data and/or Confidential Information in order for us to add you to our mailing list, or to revert to your queries.
(ii) When you sign up for any Updates, register for any accounts, enroll for any membership or loyalty programme, utilise any of our Communication Channels, participate in text messaging programmes, enter into a subscription plan, or other promotional campaigns, offline programmes and events that we provide, we will require your Personal Data and/or Confidential Information in order to keep a record of and provide you with the benefits that accompany our subscription plan, membership programme, text messaging programmes, and/or promotional campaigns (whether online or offline). Unless you terminate your subscription plan, withdraw from our membership programme or promotional campaigns, or our relevant promotional campaign ends, we will keep your Personal Data for as long as you are still part of a subscription plan, our membership programme and/or promotional campaigns (whichever is the later) so that we can provide you with the relevant benefits. In relation to your Confidential Information, we will retain them for as long as we are of the reasonable opinion that you may still be interested in our Company’s products services so that our Company can be expeditious in the provision of our services whenever you should seek a delivery of any of our products or our assistance.
(iii) When you click on any of our Company’s Google ads or other internet based advertisements for more information regarding our services or our Site or our mobile application, we collect the Personal Data and/or Confidential Information that you provide in order to follow up with you pertaining to your interest in our products, services and/or our Site.
- In addition, we will retain your Personal Data and/or Confidential Information where necessary and for such duration as may be required in order for our Company to comply with applicable laws and regulations, assist in any legal investigations, meet the demands from any regulatory or law enforcement bodies, for utilization in legal proceedings, minimizing fraud, collection of debts, repayment of loans, resolving disputes, identifying issues, enforcing contractual breaches and/or claiming for damages.
4A. Disclosure of Personal Data and Confidential Information
4A.1 We may need to disclose your Personal Data and/or Confidential Information to:-
- third party service providers in order for us to facilitate your access to and use of our Site, utilise our mobile application, access our text messaging programme, for us to contact you as you may have requested via our Site, for us to maintain and update your records to ensure that you receive our replies to your queries, for us to follow up on any delivery of samples, products or services that you may have requested for, and to provide you with any other perks accompanying your participation in our subscription plan, membership programme and/or promotional campaigns. The aforesaid third party service providers have a contract with us to perform the services necessary for you to use our Site, receive Updates and/or our products that you might have ordered, and such third party service providers therefore include but is not limited to webhost companies, website maintenance companies, database storage companies, membership programme service providers, companies that assist to perform mass mailing on our behalf, courier and logistics companies, etc.;
- our book-keepers, accounting firms, audit firms, law firms and/or other professional advisory firms who are maintaining our records in accordance with legal requirements;
- governmental, regulatory or law enforcement bodies who have a legal right to demand for your Personal Data and/or Confidential Information;
- credit bureaus, credit rating agencies and fraud preventing companies for the purpose of minimizing fraudulent activities via your Personal Data and/or Confidential Information; and
- our affiliated or related companies and/or third parties to whom we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our Company’s assets (which may include your Personal Data), in the course of a corporate divestiture, corporate restructuring, merger, acquisition, joint venture, bankruptcy, dissolution, reorganisation, or any other similar transaction or proceeding.
4B. Online Payment Gateway Providers
4B. Our Site and our mobile application may make available sale of our products and services. For the avoidance of doubt, our e-commerce store is hosted on WooCommerce and/or its related companies (“WooCommerce”). WooCommerce provides us with the online e-commerce platform that allows us to sell our products and services to you.
4B.2 When you make any purchases from us online, your information (including your Personal Data) is stored on WooCommerce’s data storage, databases and the WooCommerce application or platform. WooCommerce stores your information on a secure server behind a firewall. In relation to the aforegoing, your information will therefore also be transferred out of Singapore to WooCommerce’s storage hosts and databases. Accordingly, when you make any purchase from us online, you are hereby confirming that you accept such aforesaid use, retention and transfer of your information as is necessary for us to accept payment from you, deliver your orders and/or otherwise fulfill the transaction that you entered into with us.
4B.3 When you choose a direct payment gateway to complete your purchase from our Site or our mobile application, WooCommerce will automatically store your credit card details to perform your payment transaction, and if you voluntarily opt-in, as well as for future transactions via your account. Your credit card details as stored and transferred (including to the relevant acquiring and issuing financial institutions) by WooCommerce will be encrypted in compliance with the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After your purchase transaction is complete, your purchase transaction information is deleted. However, if you opt-in to have your credit card details saved for future purchases from our e-commerce store, your aforesaid credit card details will be saved in your account and all relevant databases (including but not limited to WooCommerce’s storage host and application platform).
4B.4 All direct payment gateways utilised in conjunction with our Site and our mobile application adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of credit card associations such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our e-commerce store, our Site, our mobile application, and our service providers. For more information, please read WooCommerce’s Terms of Service (https://www.WooCommerce.com/legal/terms) or Privacy Statement (https://www.WooCommerce.com/legal/privacy), and we would encourage you to review the aforegoing Terms of Services and Privacy Statement so as to gain a better understanding of the security measures pertaining to your payment details and transactions.
4B.5 For the avoidance of doubt, each payment gateway and online payment solutions provider may have their own privacy policies governing the information required to be provided to them in order to complete an online payment transaction. You are therefore encouraged to review their privacy policies prior to utilizing any of their services for your payment transactions for purchases from our Site or mobile application. The logos or names of such third party payment gateway and online payment solutions provider will usually be made apparent prior to commencing the payment process, you can therefore visit their website to review the privacy policies before you commence using them to transact your payments.
- Transferring Personal Data out of Singapore
5.1 Pursuant to the purposes and activities as set out in sections 3 and 4 above, it may be necessary for us to transfer your Personal Data out of Singapore. You hereby agree and consent to the aforesaid transfer, on the understanding that the recipients of such Personal Data are also subject to applicable laws or contractual obligations similar to the obligations as set out in the Personal Data Protection Act 2012.
- Accurate and Complete Personal Data and Confidential Information
6.1 In order for us to provide you with access to our Site, our mobile application, our text messaging programme, our other Communication Channels and all their respective associated functions, our services and our products, and to perform the activities as set out in sections 3, 4 and 5 above, you warrant that the Personal Data (and/or Confidential Information) that you provide to us is accurate, and that all Personal Data (and/or Confidential Information) as may be relevant for that particular purpose/circumstance has been provided.
- Do-Not-Call (“DNC”) Provisions and Registries
7.1 We respect your selections in relation to the channels via which you wish to receive our Updates. Therefore, if you have registered your telephone and/or fax number with the Do-Not-Call Registries in relation to telephone calls, text or fax messages, we will not send you any Updates via the channels that you have opted out of by registering with the Do-Not-Call Registries. However, if you have previously consented to our sending you Updates via your telephone number (calls or text messages) and/or facsimile number, we will continue doing so until you withdraw your consent by contacting our team at [email protected].
- Withdrawal of Consent
8.2 Should you wish to unsubscribe to our Updates, please click the “unsubscribe” option made available in our emails to you. Please note however that this may result in our being unable to make available to you updates on our products and services, your benefits under our membership programme and any ongoing promotions.
8.3 Should you wish to unsubscribe to any of our mobile applications or text messaging programmes, please utilise the “unsubscribe” or “termination” option that may be available on the application itself. If such option is not available, kindly email us at [email protected].
- Access and Correction of Personal Data and Confidential Information
9.1 Should you wish to access, update or make corrections to your Personal Data and/or Confidential Information held with us, or if you wish to receive further clarifications on your Personal Data and/or Confidential Information held with us, please email us at [email protected].
9.2 There will be no administrative fees or other charges levied for any request to correct or update your Personal Data and/or Confidential Information. However, for all other requests such as accessing your Personal Data and/or Confidential Information held with us, obtaining a record of when you accessed our Site, the date of your requests for information, etc., a reasonable administrative fee may be levied depending on your request as time and resources will be spent in accommodating your requests.
- Security Measures for Protection of Personal Data and Confidential Information
11.1 We ensure that our Site is protected by reasonable security measures afforded by current technology, and that all our data hosts and servers are similarly protected by such security measures, including but not limited to firewalls.
11.2 Your Personal Data and Confidential Information is kept securely and protected against unauthorized access and disclosure. We utilise security means such as (without limitation) password protection, encryption, locked and restricted access. We have strict policies in place restricting access to Personal Data and Confidential Information to only our authorized personnel on a need-to-know basis.
Third Party Sites, and Social Network Sites
The association of our Site and mobile application with the Social Media Sites makes available certain features which when used by you, may result in information being made available from your accounts with the Social Media Sites to our Company. Such information which we collect about you shall constitute public information that is available in the general domain because such information was made publicly available by the Social Media Sites. Should you prefer that we do not collect your information from the Social Media Sites, please (i) do not use the features or links that associates our Site and/or mobile application with the Social Media Sites; and (ii) adjust the settings in your accounts with the Social Media Sites to prevent the sharing of your information with our Site and mobile application. Please note that our Company cannot control nor is our Company howsoever responsible for the sharing of your information by the Social Media Sites with third parties.
One of the features which you may see available on our Site and mobile application in association with the Social Media Sites, is the “like” feature by Facebook, and other similar functions provided by other Social Media Sites. When you “like” our Site or mobile application or our products or services, information about our Site or mobile application, our products and services will be made known to your network within your Social Media Sites’ accounts via a variety of methods employed by the relevant Social Media Site. Your information may also be made known alongside with our products or services that you have liked pursuant to the methods/channels made available by Social Media Sites in relation to such features. If you are not agreeable to the aforegoing, please instruct the relevant Social Media Site or adjust your account settings with the Social Media Site. Please note however that we are not obliged to display on our Site or any related webpages (whether on Social Media Sites or otherwise) any of your information, including but not limited to your photo or name, even if you “like” our Site, our products or services. In the event that any of your information, product or service endorsements (including your liking of our Site, any of our Company’s products or services, or third party products or services featured on our Site) appear on our Site or any related webpages (whether on Social Media Sites or otherwise), we shall have the right in our sole discretion to remove such information or product/service endorsements from our Site or any related webpages.
- Governing Law and Jurisdiction
Nespresso® is a registered trademark of Société Des Produits Nestlé S.A. and neither that company nor its affiliates have manufactured or endorsed our products in any way. Drinks Express Pte. Ltd. is not affiliated with Société Des Produits Nestlé S.A or its affiliates.