Terms of Use – Cantina SG
1. Introduction
1.1. Please read these Terms of Use carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Élevage SG Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Élevage SG (as defined below). The Agreement applies to your use of the Service provided by Élevage SG. If you do not agree to the Terms of Use please do not use or continue using the Application (as defined below) or the Service.
1.2. Élevage SG may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://elevage.sg or the Application. It is your responsibility to review the Terms of Use and Policies of Élevage SG and the Cantina SG Platform regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. Élevage SG, as the operator of Cantina SG is a service provider which provides a platform for users to obtain or procure goods and services. Depending on the goods and services in question, the services may be supplied by Élevage SG or a third party provider. Where the goods and services is provided by a third party provider, Élevage SG’s role is merely to link the user with such third party provider. Élevage SG is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such goods and services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of Élevage SG and the solutions provided by third party providers shall not be deemed to be provided by Élevage SG.
2. Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant web and mobile application(s) made available for download by Élevage SG (or its licensors) to Users and Third Party Providers respectively;
2.2. “Cantina SG” means:
2.2.1. Élevage SG trading as Cantina SG;
2.2.2. the relevant subsidiary, affiliate, associated company of or entity jointly controlled by Élevage SG.
2.3. “Cantina SG Policies” means the following:
2.3.1. the Privacy Policy;
2.3.2. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant Cantina SG technology platform, portal or website that, when used in conjunction with the Application, enables Users to purchase Goods;
2.6. “Privacy Policy” means our privacy policy accessible at: https://elevage.sg/privacy-policy/ as amended from time to time;
2.7. “Service” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;
2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Élevage SG;
2.9. “Goods” means goods and services which are made available to Users and Third Party Providers through the Service;
2.10. “Vendors” means the independent Vendors hosted on Cantina SG who provide the relevant Goods to Users through the Service;
2.11. “Third Party Provider” means the independent third parties who provide the relevant Delivery Services to Users through the Vendors;
2.12. “User” means any person who uses the Application, Platform and/or Software to search for and obtain Goods; and
2.13. “User Charges” shall mean charges incurred by Users for the Goods obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service.
3. Representations, Warranties and Undertakings
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3.You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.4.You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5.You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6.You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7.You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8.You shall not impair or circumvent the proper operation of the network which the Service operates on;
3.1.9.You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.11. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.12. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Élevage SG or any third party;
3.1.13. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.14. You will not copy, or distribute the Software or other content without written permission from Outer Rim (Singapore);
3.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Élevage SG may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Élevage SG has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.16. You will only use an access point or data account which you are authorized to use;
3.1.17. You agree that the Service is provided on a reasonable effort basis;
3.1.18. You agree that your use of the Service will be subject to the Cantina SG Policies as may be amended from time to time;
3.1.19. You agree to assist Élevage SG with any internal or external investigations as may be required by Élevage SG in complying with any prevailing laws or regulations in place; and
3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Élevage SG or any other party as a result of your breach of this Agreement.
3.1.21 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Élevage SG or to disrupt the natural functions of the Application.
4. Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and/or Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application and Platform are likely to be accessed from, we do not warrant compatibility of the Application, Platform and/or Software with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1. Élevage SG and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Élevage SG and its licensors.
5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
5.2.2. modify or make derivative works based on the Application and/or the Software;
5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Application or any software or services made available on or through the Application;
5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second,
(a) to unduly burden or hinder the operation and/or performance of the Application;
(b) to conduct data mining or scraping activities, or
(c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8. use the Application to:
(a) send spam or otherwise duplicative or unsolicited messages;
(b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
(c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(d) interfere with or disrupt the integrity or performance of the Application or the data contained therein;
(e) attempt to gain unauthorized access to the Application or its related software, systems or networks;
(f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
(g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6. Cantina SG
6.1 Cantina SG User
6.1.1 The Application allows you to;
(i) place orders for Goods made available for sale on the Application from Vendors; and
(ii) for such orders to be delivered to you by Third Party Providers.
Élevage SG does not own, sell or resell any Goods and does not control the Vendor, Third Party Providers or any services provided by them to you. You understand that any order that you place shall be subject to the Goods availability and delivery location serviceability of the Vendor and/or the Third Party Providers.
6.1.2 All ordered Goods placed through the Application are treated as confirmed. You shall not be entitled to cancel your order once you have received a confirmation. If you cancel your order after it has been confirmed, you may remain liable to pay for the Goods and the delivery fee, if applicable, in full regardless of whether the Goods have been prepared by the Vendor.
6.1.3 You may remain liable to pay the order value in full where cancellation is made by you after the Vendor has accepted the order and the order has been assigned to a Third Party Provider;
6.1.4 Upon your successful completion of an order, the Vendor and/or the Third Party Providers may contact you on the number provided by you to confirm the details of the order, any change in the order (for instance, due to unavailability), and/or any other changes thereof. For the avoidance of doubt, Élevage SG is not involved in and will not be responsible for any separate arrangement between you, the Vendor and/or Third Party Providers regarding the amendment and/or cancellation of Goods made by you where such arrangement is not confirmed and recorded on the Application.
6.1.5 The prices of Goods reflected in the Application are determined solely by the Vendor and are listed for information only. The prices may for reasons such as technical issue, typographical error or outdated product information supplied by the Vendor, be incorrectly reflected and in such an event the Vendor may cancel your order. Élevage SG shall in no event be liable for any (directly or indirectly) loss arising thereof.
6.1.6 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon the checkout stage of the booking. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted item may be rounded and will be set out on the check-out page for your order. You agree that Élevage SG is not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. Élevage SG will not be liable for any (direct or indirect);
(i) losses;
(ii) damages;
(iii) costs; and/or
(iv) expenses suffered or incurred as a result of theft, illegal or fraudulent usage of any promo codes and discounts. Élevage SG may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.
6.1.7 The Vendor shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.
6.1.8 Persons placing an order for alcohol from any Vendor must be at least eighteen (18) years old. 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 Third Party Provider will have the right to;
(a) request to be shown your identity document for age verification purposes; and to
(b) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self-collection;
(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 self-collection of Goods and in such an event you agree that Élevage SG, the Third Party Provider and the Vendor shall not be liable to make any refund to you for payment already made by you.
6.1.9 You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. Élevage SG shall not be liable in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application. You acknowledge that in the ordinary course of delivering your item, the Third Party Providers may disclose your details to the recipient. Cantina SG is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and Élevage SG shall not be liable or responsible for any losses (direct or indirect) suffered by or caused to you or arising out of or in connection with or by reason of your expectation anonymity through the use of Cantina SG.
6.2 Cantina SG Vendors:
As a Cantina SG Vendor, in addition to provisions applicable to Vendors in general and other terms or contracts which you have entered into with Élevage SG, you are subject to the additional terms below.
6.2.1 Creation and Monitoring of Self-funded Campaign or Promotion
You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Application via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Élevage SG’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.
By creating the campaign or participating in any promotions using our tool(s) on the Application, you accept the following additional general conditions:
(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
(b) Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity via our Application must be genuine and must not be conducted in a manner which may be misleading to the Users. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
(e) You shall be responsible to directly handle any complaints or enquiries from Users in respect of the Marketing Activity.
(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Users in respect of or in connection with the Marketing Activity.
(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the content of the Application and is subject to Clause 6.2.5 below.
(j) You agree to pay to Élevage SG any and all costs and expenses in connection with the Marketing Activity and the payment shall be in the manner as described under Clause 6.2.7 below.
(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.
(l) You agree that any amount payable to you by Users for each Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.
6.2.2 Submission of Content or Information
We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you
(a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and
(b) undertake that you have the right to grant us such licence.
Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by User(s) in order to facilitate the Service(s) including without limitation detail(s) of an order placed by a user. You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by user(s) such as an order placed by a User, you further agree that by amending such content,
(1) you have obtained the prior consent or acceptance from the affected User; and
(2) Élevage SG is not involved in and will not be responsible for the amendments made by you, though Élevage SG reserves the right to (but is not obliged to) carry out Rectification Measure(s) (as defined below) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.
6.2.3 Personal Data
Without prejudice to the foregoing, information which you have submitted to us for your registration as a merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account. You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
6.2.4 Hyperlinks
You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application
(a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
(b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation, or integrity. We reserve the right to withdraw linking permission without notice.
6.2.5 Content of the Application
Without prejudice to any other provisions in these Terms of Use, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as
(i) correcting the said errors, inaccuracies or omissions,
(ii) changing or updating information; and/or
(iii) cancelling orders if any information provided to you (whether via this Application or other related website) at the time of your order is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application, or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from
(i) any variation, modification or removal of the content on the Application; and
(ii) any Rectification Measure taken.
6.2.6 Limitation of Liability
To the maximum extent permitted by the applicable law and without prejudice to the other provision of these terms of use, our total liability for any claim arising from these terms of use, including for any implied warranties, is limited to the lowest of
(i) one hundred Singapore Dollars (SGD $100.00),
(ii) the value of the subject matter in question; or
(iii) the amount you paid us to use or access the application or any of its features or functionality in the past 12 months (if any).
6.2.7 Termination
Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.
6.2.8 Payment Method for Marketing Activity
Notwithstanding any other provisions, in order to settle any amount payable by you to Élevage SG or its affiliates (‘Amount Payable’), you authorise Élevage SG and its affiliates to directly deduct the Amount Payable from any [amount receivable by you] as a Third Party Provider (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Élevage SG or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or we may choose to issue an invoice for the Amount Payable where we deem appropriate.
7. Payments
7.1 Payment Terms for Vendors
7.1.1 The fees which you pay Élevage SG for the Service are due immediately and are non-refundable (“Service Fee“). This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application/Platform, our decision to terminate or suspend your access to the Application/Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
7.1.2 You acknowledge and confirm that Élevage SG may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the Service.
7.1.3 Élevage SG retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Élevage SG liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
7.1.4 Élevage SG may, at its sole discretion, make promotional offers with different features and different rates on the Platform to any of the Users whereby these promotional offers shall accordingly be honoured by you.
7.1.5 Élevage SG may change the Service Fee at any time at its sole discretion.
7.2 Payment Terms for Users:
7.2.1 Users are required to make full payment for all Goods offered in the Application by the method selected at the time of purchase, which may be one of the automated payment methods available to you on the website, or Application. Any payment pursuant to such selection is non-refundable and irrevocable.
7.2.2 Automated payment may be made by credit card and or debit card, or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the Terms of Use of the Payment Gateway (Stripe), accessible via the Stripe website.
8. Cantina SG Rewards Loyalty Programme and Promotions for Users
8.1 If indicated as such during your use of the Application, you will automatically be a member of the loyalty programme named “Cantina SG Rewards” operated by Élevage SG and/or its affiliate companies.
8.2 The terms of the Cantina SG Rewards will be governed by the Cantina SG Terms of Use, accessible via https://cantina.sg/cantina-sg-rewards/.
8.3 From time to time, Élevage SG and/ or may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers“). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. Élevage SG may withdraw, amend and/or alter any applicable terms and conditions of the promotions or subscriptions at any time without prior notice. Élevage SG may also void, discontinue or disqualify any User from any promotion or subscription plan without prior notice in the event that that User breaches any part of these Terms of Use.
9. Ratings
9.1. Users may be allowed to rate Third Party Providers in respect of Goods and Services provided.
9.2. Every rating will be automatically logged onto the Cantina SG system and Élevage SG may analyse all ratings received. Élevage SG may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
10. Complaints
10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
11. Intellectual Property Ownership
11.1. Élevage SG and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Élevage SG and/or its licensors. Élevage SG’s name, Élevage SG’s logo, the Cantina SG name, Cantina SG logo, the Service, the Software and/or the Application and the third party providers’ logos and the product names associated with the Software and/or the Application are trademarks of Élevage SG or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
13. Taxes
13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Élevage SG to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
14. Confidentiality
14.1. You shall maintain in confidence all information and data relating to Élevage SG, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Élevage SG (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Élevage SG, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Élevage SG’s prior written consent, disclose such information to any third party nor use it for any other purpose.
14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
14.2.1. was at the time of receipt already in your possession;
14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
14.2.3. was received from a third party having the right to disclose it; or
14.2.4. is required to be disclosed by law.
15. Data Privacy and Personal Data Protection Policy
15.1. Élevage SG collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Élevage SG’s Services and its terms are made a part of this Agreement by this reference.
15.2. Where applicable, you agree and consent to Élevage SG, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
15.3. You acknowledge that Élevage SG may disclose Personal Data of other individuals to you in the course of your use of Élevage SG’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Élevage SG, and not for any other unauthorized purposes.
16. Third Party Interactions
16.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Élevage SG and its licensors shall have no liability or obligation for any such communication or agreement. Neither Élevage SG nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Élevage SG, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Élevage SG is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Élevage SG is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
16.2. Élevage SG may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.
16.3. You agree and allow Élevage SG to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
16.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
17. Indemnification
17.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Élevage SG, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or
(b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or
(c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or
(d) your use or misuse of the Service, the Platform, Software and/or the Application;
18. Disclaimer of Warranties
18.1. Élevage SG makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Élevage SG does not represent or warrant that:
(a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data,
(b) will meet your requirements or expectations,
(c) any stored data will be accurate or reliable, or
(d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
18.2 Élevage SG makes no representation or warranty of any kind whatsoever, express or implied, in respect of Goods and Services provided by Third Party Providers or any Goods and Services procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Goods and Services provided by Third Party Providers and shall have no recourse to Élevage SG in respect of the same.
18.3 Where applicable, Élevage SG’s role as collection agent is solely mechanical and administrative in nature and Élevage SG does not owe to you a duty of care or any fiduciary duties.
19. Internet Delays
The Service, Platform, Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party provider being faulty, not connected, out of range, switched off or not functioning. Élevage SG is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
21. Limitation of Liability
21.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against Élevage SG by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. Élevage SG and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service or solution, including but not limited to:
21.1.1. Loss, damage or injury arising out of, or in any way connected with the service, the platform, application and/or the software;
21.1.2. The use or inability to use the service, the platform, application and/or the software;
21.1.3. Any reliance placed by you on the completeness, accuracy or existence of any advertising; or
21.1.4. As a result of any relationship or transaction between you and any user, third party provider, merchant, advertiser or sponsor whose advertising appears on the website or is referred to by the service, the application and/or the software, even if Élevage SG and/or its licensors have been previously advised of the possibility of such damages.
21.2. Élevage SG does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement or location of any users or third party providers including merchants, advertisers and/or sponsors and you expressly waive and release Élevage SG from any and all liability, claims or damages arising from or in any way related to the users or third party providers including merchants, advertisers and/or sponsors.
21.3. Élevage SG will not be a party to disputes or negotiations of disputes between you and users or third party providers including merchants, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, the software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release Élevage SG from any and all liability, claims, causes of action, or damages arising from your use of the service, the software and/or the application, or in any way related to the third parties including merchants, advertisers and/or sponsors introduced to you by the service, the software and/or the application.
21.4. The quality of the goods and Services scheduled through the use of the service is entirely the responsibility of the third party provider who ultimately provides such Goods and Services to the user. You understand, therefore, that by using the service, you may be exposed to Goods and Services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
22. Notice
22.1. Élevage SG may give notice through the Application, electronic mail to your email address in the records of Élevage SG, or by written communication sent by registered mail or pre-paid post to your address in the records of Élevage SG. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Élevage SG, (such notice shall be deemed given when received by Élevage SG) by letter sent by courier or registered mail to Élevage SG using the contact details as provided in the Application.
23. Assignment
23.1. Unless otherwise stated herein, this Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Élevage SG but may be assigned without your consent by Élevage SG. Any purported assignment by you in violation of this section shall be void.
24. Dispute Resolution
24.1. This Terms of Use shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.
24.2 Any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use (“Disputes“) or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Outer Rim (Singapore) (the “Arbitrator”). If you and Élevage SG are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and Élevage SG, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
24.3 Notwithstanding the above, if you are a Third Party Provider, you may choose to submit a Dispute for mediation at the Singapore Mediation Centre and/or Small Claims Tribunal, subject to their respective rules and guidelines.
25. Relationship
25.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Élevage SG.
26. Severability
26.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
27. No Waiver
27.1. The failure of Élevage SG to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
28. Entire Agreement
28.1. This Agreement comprises the entire agreement between you and Élevage SG in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.
29. Suspension and Termination
29.1. You agree that we may do any of the following, at any time, without notice:
(i) modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your account and/or the availability of any products or services), for any reason;
(ii) modify or change any applicable policies or terms; and
(iii) interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We shall not be required to compensate you for any suspension or termination.
30. No Third Party Rights
30.1. Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.