Terms and conditions
PLEASE READ THE TERMS AS HEREAFTER SET FORTH ("AGREEMENT") CAREFULLY BEFORE USING GUOCO TOWER / RETAIL/FOOD DELIVERY PLATFORM ("PLATFORM"). BY USING THIS PLATFORM ON YOUR DEVICE ("DEVICE") AND REGISTERING AS A USER OF THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF
This Agreement is made between TPC Commercial Pte. Ltd. (UEN: 201021314R) ("GuocoLand", "us" or "we" as the case may be) and you with respect to your use of the PLATFORM and any functionalities, services or features offered via or in connection with the PLATFORM, and references in this Agreement to the use of the PLATFORM extend to the use of such functionalities, services or features as well.
You are not eligible to use this PLATFORM without our consent if you are under 18 years of age. By using the PLATFORM, you hereby confirm and warrant that you are 18 years of age or older.
You must read in its entirety, agree with, and accept all the terms and conditions contained in this Agreement, as well as any documents, materials or information incorporated by reference herein, all of which form part of this Agreement, before you use the functionalities, services or features provided on the PLATFORM ("Services").
GuocoLand may introduce and provide new Services from time to time and shall notify you of any new terms and conditions governing such Services as they are introduced. Such terms and conditions will supplement, form part of this Agreement and take effect from such time you use the particular Service.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THIS PLATFORM, PLEASE DO NOT USE THIS PLATFORM.
1. Your Use of the PLATFORM
For F&B customers:
- The PLATFORM allows you to place orders for food and beverage from food and beverage providers (“GT F&B Merchants”), for such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”) or for such orders to be available for pick up as a takeaway* by you from the GT F&B Merchants. GuocoLand does not own, sell or resell any food and beverage items and does not control the GT F&B Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the GT F&B Merchants and/or the Delivery Service
- When you place an order for food and beverage on the PLATFORM (“Order”), the PLATFORM will confirm the 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 services tax, value-added tax, etc.). The Order is treated as confirmed upon your receipt of the confirmation email. You shall not be entitled to cancel your Order once you have received a confirmation email. If you cancel your Order after it has been confirmed, you remain liable to pay the delivery fee and the cost of the food item in full regardless whether the Order has been prepared by the GT F&B
- Upon your successful submission and payment of an Order, the GT F&B Merchants and/or the Delivery Service Provider may contact you to confirm the details of the Order, any change in the Order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, GuocoLand is not involved in and will not be responsible for any separate arrangement between you and the GT F&B Merchants and/or Delivery Service Provider regarding the amendment and/or cancellation of Orders made by you where such arrangement is not confirmed and recorded on the PLATFORM.
- You remain liable to pay the Order value in full where (i) cancellation is made by you after the Order is confirmed or (ii) you are not present or do not show up at the designated delivery location or the designated pick up location or you are unreachable physically or uncontactable, (a) after 5 minutes from the time that the Delivery Service Provider arrives at the designated delivery location or (b) within one (1) hour after the order for takeaway* is ready for collection or within such duration as may be communicated by
- The prices of food and beverage items reflected on the PLATFORM are determined solely by the GT F&B Merchants and are listed for information
- Prices of food and beverage items as reflected in the PLATFORM may, for reasons such as technical issue, typographical error or outdated product information supplied by the GT F&B Merchants, be incorrectly reflected and in such an event the GT F&B Merchants may cancel your order(s).
- The GT F&B Merchants shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to
- You are responsible for ensuring that the details entered by you in respect of the Order on the PLATFORM are accurate and complete. GuocoLand, GT F&B Merchants and/or Delivery Service Provider shall not be liable
(i) in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous or incomplete delivery details entered by you on the PLATFORM; or (ii) in the event of late collection of the takeaway* you ordered or non-collection of the takeaway* you ordered by reason of erroneous collection details entered by you on the PLATFORM.
- After the delivery of the food and beverage items or collection of the takeaway* you ordered, you shall solely be liable for loss, damage, contamination, soiling or detention of the food and beverage items whether caused directly or indirectly by you or any person acting on your behalf.
- Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Delivery Service Provider will have the right to refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway*, (i) does not appear to be at least eighteen (18) years old or (ii) cannot prove that he/she is at least eighteen (18) years old or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway* and in such an event you agree that GuocoLand, the Delivery Service Provider and the GT F&B Merchant shall not be liable to make any refund to you for payment already made by
- Minimum Order Value - Some of the campaigns 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 to add more items to your Order to meet
- Special Instructions – the GT F&B Merchants shall reasonably endeavour but shall not be obligated to comply with your special instructions for an Order. There shall be no replacement or refund for an Order which does not conform to special instructions provided by
- Allergens – the GT F&B Merchants are not obligated to provide ingredient information or allergen information on the PLATFORM. Further, there is no guarantee that the items sold by GT F&B Merchants are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the GT F&B Merchants before placing an Order on the
- Please note that your Order may be subject to additional terms and conditions provided by GuocoLand, the GT F&B Merchants or the Delivery Service
- Wrong Order, Missing Items, Defective Goods –if you discover that there are issues with your Order upon your receipt of it (e.g. wrong order, defective order, or missing items), please contact customer support immediately at hotline number: +65 8931 4997 (Mondays to Fridays during 9am to 6pm). For other Order- related disputes which require us to investigate, please email us at [email protected] In some cases, photographic proof and/or additional information may be required to properly investigate the issue with your Order and review any refund request.
- Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non- transferable, non-exclusive licence to use the PLATFORM insofar as owned by or licensed through us on the Device and only for your own purposes or internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are
- Some software components used in our PLATFORM may be offered under an open source or other licence as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those
- Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
- modify or adapt the whole or any part of the PLATFORM, or permit the PLATFORM or any part of it to be combined with, or become incorporated in, any other PLATFORM, programs or other platforms created by you;
- disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the PLATFORM or any components thereof;
- communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the PLATFORM;
- use the PLATFORM in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any Singapore or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Agreement), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority (together, the "Applicable Laws"), including in infringement of our intellectual property rights or those of any third party in relation to the PLATFORM;
- use the PLATFORM in a way that could damage, disable, impair or compromise the PLATFORM (or the systems or security of the PLATFORM or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of GuocoLand; or
- use any automated process or service to access and/or use the
Nothing herein prohibits your exercise of any express statutory rights you may have under Applicable Laws.
- You further agree and acknowledge that:
- it shall be your sole responsibility to, at your own cost:
- obtain all necessary hardware, software and communications services necessary for your use of the PLATFORM;
- install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the PLATFORM; and
- make back-ups of your data, as the data on the PLATFORM may be subsequently deleted by us or our service providers at any time without notice to you;
- the licences granted herein do not confer on you any rights to use GuocoLand (collectively "Trade Marks"), all of which are and remain the property of
- we shall have the right to:
- automatically update the PLATFORM and its components on your Device, add or remove Services (collectively, "PLATFORM Functions"), vary or impose user account rights, resource limits or fees or suspend or terminate PLATFORM Functions and/or user rights;
- deny or restrict access to this PLATFORM or any PLATFORM Functions whether to any user or generally, or to block access from or to any resources, at any time, without ascribing any reasons whatsoever; and
in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith.
- You acknowledge and agree that this PLATFORM may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the PLATFORM may be made public on the PLATFORM, and also read or intercepted by others. Use of the PLATFORM is entirely at your own
- The PLATFORM may also use digital certificates. You are solely responsible for deciding whether or not to rely on such certificates and your reliance on any digital certificates is at your sole
- You further acknowledge that the PLATFORM is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the PLATFORM or the PLATFORM Functions could lead to death, personal injury, or otherwise result in significant financial loss or business
- The PLATFORM may provide links to external sites whose data protection and privacy practices may differ from those set forth We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
10. Third Party Content
- The PLATFORM may display, publish or make available content that is provided by third parties (including for example, content or catalogues provided by third party content aggregation services, information providers, or our business partners) ("Third Party Content"). Such content is the sole responsibility of the person or entity that makes it available. We are not responsible for such Third Party Content, and we do not have control over the selection thereof, nor do we routinely monitor such content. GuocoLand makes no representations or warranties as to the veracity or accuracy of such content, the reproduction and use of which may be governed by the third party content provider’s terms of
- You further acknowledge and agree that any use by you of any content made available through the PLATFORM (including Third Party Content) is entirely at your own risk. You further acknowledge that Third Party Content/third party sites usually have their own terms and conditions, including privacy policies, over
which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
- GuocoLand does not verify and is not in a position to verify any party’s rights to submit any content on the PLATFORM, and GuocoLand takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content provided by any third party, or for your use of the
- We shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the PLATFORM shall be without prejudice to our other rights and remedies available at
- We do not warrant that the Third Party Content/third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, GuocoLand shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third
11 No Endorsement
You agree that all content (including Third Party Content) made available on the PLATFORM is of a general nature and does not purport, and shall not in any way be understood as constituting an offer or provision of any inducement, invitation or recommendation relating to any products, services or investments nor constitute investment, financial, legal or tax advice or recommendation.
You acknowledge and agree that GuocoLand:
- does not endorse or recommend any products or services via this PLATFORM and that any arrangement entered into between you and any other user of the PLATFORM or any third party named or linked to from the PLATFORM is at your sole risk and responsibility; and
- is not responsible for any Third Party Content or any decisions made by you based on any information posted on the PLATFORM. You further understand, acknowledge and agree that we make no warranties or representations in respect of, nor do we guarantee the accuracy, timeliness, completeness, integrity or quality of any Third Party Content or any other content or material which may be accessed or made available via the You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
12. Disclaimer of Warranties and Liability
To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
- the PLATFORM (together with any PLATFORM Functions, Third Party Content or other content or information provided via the PLATFORM) are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. Your use of the PLATFORM is at your own risk and you are responsible for compliance with all Applicable Laws;
- we do not warrant that the PLATFORM Functions contained in or performed, provided or enabled by or through the PLATFORM will meet your requirements, that the operation of the PLATFORM will be uninterrupted or error-free, or that defects in the PLATFORM will be corrected. Without prejudice to the foregoing, GuocoLand does not warrant and hereby disclaims any representation, warranty or term with respect to the PLATFORM, whether express, implied or statutory, including but not limited to:
- merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the PLATFORM, PLATFORM Functions or Third Party Content;
- the PLATFORM or any PLATFORM Functions associated therewith being uninterrupted or error- free, or that defects will be corrected or that this PLATFORM and any related computer system is and will be free of all viruses and/or other harmful elements;
- the PLATFORM or any PLATFORM Functions or Third Party Content will at all times be available and/or accessible;
- non-interference with your enjoyment of the PLATFORM; and
- the PLATFORM being compatible or working with any third party software, applications or third party
- You expressly acknowledge and agree that, to the maximum extent permitted by Applicable Laws, use of the PLATFORM and any PLATFORM Functions as
- Further, nothing in this Agreement constitutes any representation or warranty by GuocoLand as to your rights (if any) to use any content submitted by any third parties, including Third Party Content, all of which representations and warranties are expressly
- You agree to fully indemnify and hold harmless GuocoLand, our affiliates, officers, employees, agents, partners and service providers (collectively, the "Indemnitees") from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) your breach of this Agreement; (b) your access or use of the PLATFORM and the PLATFORM Functions; (c) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred;
(d) your breach of any rights of any other person.
- This Clause 14 shall survive the termination or expiration of this Agreement (howsoever caused).
14. Limitation of Liability
To the maximum extent allowed under Applicable Laws:
- GuocoLand, our affiliates, , officers, employees, agents, partners and service providers shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result
(direct or indirect) of or otherwise in connection with your use of or reliance on the PLATFORM, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any Third Party Content or other content or any other information made available or accessed on or through the PLATFORM or contained in or available from the PLATFORM or your use or reliance on any products or services available on or accessed via the PLATFORM and / or the PLATFORM Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof;
- in no event shall GuocoLand, our affiliates, officers, employees, agents, partners and service providers be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the PLATFORM or any third party software or applications in conjunction with the PLATFORM, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages; and
- in no event shall GuocoLand, our affiliates', officers', employees', agents', partners and service providers' total liability to you for any and all damages not excluded (other than as may be required by Applicable Laws in cases involving personal injury) exceed in aggregate S$10.
- This Agreement constitutes the entire agreement between you and GuocoLand relating to the PLATFORM and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding on GuocoLand unless in writing and signed by GuocoLand's authorised
- Any translation of this Agreement is only for informal guidance, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall
- The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other
- The provisions of this Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of this Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the intention of the parties' to this
- No omission or delay on a party to this Agreement in exercising any or part of its rights under this Agreement shall operate as a waiver
- The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
- You shall not delegate, assign, sub-license, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement without GuocoLand's prior written consent. GuocoLand may, by way of written notification to you, delegate, assign, sub-license, sub-contract or otherwise deal with any of its rights and/or obligations under this
- The parties to this Agreement hereto are independent contractors, and nothing in this Agreement shall create, or be deemed to create, a partnership between the parties to this
- A person who is not a party to the Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B).
16. Governing Law
This Agreement (including the specific sets of terms and conditions governing each Service on the PLATFORM) shall be governed by, and construed in accordance with, the laws of Singapore. You hereby submit to the non- exclusive jurisdiction of the Singapore courts.
17. Notice and Procedure for Making Claims of Copyright Infringement
- If you believe that your copyright material has been copied in a way that constitutes copyright infringement, please provide written notice to us with full details as prescribed in Part IXA of the Singapore Copyright Act (Chapter 63), to be submitted to our designated representative, as follows:
- We will only process notices in the English language that comply with the Singapore Copyright Act, other Applicable Laws and this Agreement. Any notices that do not comply with the above will be
- Upon receipt of a compliant notice of infringement, GuocoLand may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service