Terms and Conditions
Culina Pte. Ltd. (“Culina”, “we” or “us” as the context may require) is an importer, distributor and retailer of food and beverage products and operates the e-commerce website at http://www.eshop.culina.com.sg (the “Website”).
Culina is part of the COMO group of companies, which includes but is not limited to COMO Shambhala, SuperNature, COMO Club, COMO Hotels and Resorts, the COMO Foundation, Club 21, and their respective affiliates, subsidiaries, related companies, associated companies from time to time (collectively, the “COMO Group”)
Your access and use of the Website and the services provided therein (including the purchase of any Products) is subject to these terms and conditions. By accessing and using any part of the Website and the services provided therein (including the purchase of any Products), you shall be deemed to have read, understood and accepted, and shall thereby be legally bound by, the terms and conditions set out below (these “Terms”). If you do not agree to any of these Terms, you must stop using the Website.
- PRODUCTS AND SERVICES
- Products. Culina operates an e-commerce store offering food and beverage products and for sale.
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Product Specifics. You acknowledge that:
- the images of the Products on the Website are for illustrative purposes only and the colours which are shown for the Products on the Website will depend on many factors (including your display settings). While Culina has taken care to ensure that all images and descriptions are as accurate as possible, the actual Product delivered may vary accordingly;
- certain Products may be exclusive to the Website for e-commerce and may not be available in physical stores or other e-commerce websites operated by COMO Group entities;
- all Products are subject to availability and certain Products may have limited quantities, and Culina reserves the right to replace unavailable Products with another item of the same or similar value; and
- Culina does not warrant that the quality of the Products purchased or obtained by Customer will meet your expectations.
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Right to Modify Offerings. Further, Culina reserves the right to:
- offer and withdraw and special offer and discounts;
- modify or discontinue the sale of any Products on the Website; and/or
- change the price and/or description of any Product,
in each case, at any time at our sole discretion and without prior notice. Culina shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of any Products.
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ACCOUNT AND GUEST CHECKOUT
- Provision of Information. Creating an account on our Website is optional but not necessary in order to purchase Products and you may checkout your order as a guest. By completing the account registration procedures and/or the order checkout form on our Website, you represent and warrant to us that you are providing accurate, current and complete information, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
- Personal Data. You further acknowledge and agree that, by providing Culina with your personal data in the course of registering your account or completing your purchase, you hereby give your express consent to Culina and the COMO Group to use, store, process and/or disclose your personal data in accordance with our Privacy Policy (please refer to Clause 11 below).
- Your Obligations in respect of Your Account. Where you create an account with us, you are responsible for maintaining accurate, current and complete information and for maintaining the confidentiality of your username and password, and you are responsible for all activities and charges under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. You agree not to use the account, username or password of any other account holder at any time. Culina will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause.
- Access to Account Information. Where you create an account with us, you acknowledge and agree that Culina may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Culina, the other users of the Website and services, and the public. However, under no other circumstances will Culina intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.
- Culina’s Rights in relation to Your Account. In the event that you
- violate these Terms;
- infringe any intellectual property rights of any COMO Group entity;
- engage in, encourage or advocate for offensive, abusive, or illegal conduct;
- use the Website in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website and our services; and/or
- abuse or engage in fraudulent behaviour in respect of your account,
we reserve the right to, in our sole and absolute discretion and with or without notice, suspend or terminate your account without any liability to you and you are not entitled to any refund for any amounts paid to us for any Order.
- Termination of Your Account. You may terminate your account at any time and for any reason, by notifying us by email at eshop@culina.com.sg.
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PRODUCT ORDERS
- Minimum Age. You must be over eighteen (18) years of age to place an order for the purchase of Products on the Website. If you are purchasing alcoholic products, you represent and warrant that you and the recipient of such Products (where applicable) are over eighteen (18) years of age.
- Placing an Order. You may place an order with us by completing and submitting the order form on the Website. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Website, and Culina shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you. Kindly note that there may be a cut-off timing for orders in certain situations, and this will be indicated at the checkout page.
- Confirmation of Order. Upon successful submission of an order, you will receive a confirmation email from us at the email address which you provided at the point of submitting the order to confirm the receipt of your order. If you do not receive a confirmation email from us within one (1) working day, please contact us at eshop@culina.com.sg. Confirmation of receipt of your order does not guarantee the acceptance of the Order nor availability of the Products.
- Variation/Cancellation of Order. After submission of an order via the Website, you may not vary or cancel the order as we may have already processed your order. You will not be entitled to any refund in respect such orders which you wish to vary or cancel after submission.
- Acceptance or Rejection of Order. Culina reserves the right to accept or reject all or part of any order received from or through the Website in our sole and absolute discretion for any reason and Culina is not obliged to give a reason for rejecting any order. Our acceptance of your order is subject to Clause 3 above and further subject to receipt of full payment of the price of all the Products constituted in your order and any applicable delivery charges. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these Terms (an "Order").
- Unsuccessful Order; Termination of Order. Culina reserves the right to terminate all or part of any Order received from or through the Website in our sole and absolute discretion for any reason, which may include without limitation (a) unavailability of stock, (b) unsuccessful payment for any reason, and (c) identified errors in the price or description of the relevant Product. Notwithstanding the foregoing, Culina is not obliged to give a reason for terminating any Order. Culina will inform you via email if we are unable to process or are terminating your Order.
- PRODUCT PRICING, CHARGES AND PAYMENT
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Prices and Charges.
- The price payable by you for a Product shall be the price of such Product listed for sale as stated on the Website at the time your order is transmitted to us through the Website, and any applicable taxes. No requests for variation or reduction of the prices, or application of future discounts offered on the Website, will be entertained or accepted by Culina.
- Delivery charges may apply and these will be displayed in the order process.
- Unless otherwise stated, all prices and charges listed on the Website are in Singapore dollars and are inclusive of Goods and Services Tax (GST) at the prevailing rate, unless otherwise stated.
- You acknowledge that prices of Products featured on the Website are exclusive to the Website and may differ from the prices of the same Products available at other physical or online stores operated by Culina or other entities within the COMO Group. Offline discounts, promotions or vouchers from other COMO Group entities are not applicable to orders made on the Website.
- Payment. You will be required to provide your credit card, debit card or other payment card (“Payment Card”) details and other information on the Website’s checkout page at the time of payment. By providing any Payment Card details, you represent that such payment information is correct, and belongs to you or you have the authority to use such Payment Card. The Website payment system is currently powered by Stripe (a third-party payment processor) and by providing your Payment Card details at checkout, you acknowledge and agree that you are subject to Stripe’s terms of use and that Stripe will collect, use and process your information in accordance with their privacy policy. We may, if appropriate, direct you to use a different third-party payment processor at our sole discretion, and your use of any payment processor is subject to their terms of use. For the avoidance of doubt, any payment processor’s terms of use are between you and the applicable payment processor.
- Billing Disputes. You are required to notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your Payment Card statement by sending a written notice to eshop@culina.com.sg. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
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Prices and Charges.
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PRODUCT DELIVERY
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Delivery.
- We will deliver the Products constituted in your Order to you or your designated recipient at the place of delivery requested by you in your order form. Delivery may be made by the COMO Group’s inhouse delivery team or by third party delivery partners.
- Delivery must be accepted by the recipient or an authorised representative who shall sign their acknowledgement of receipt of delivery. Alternatively, where appropriate, we will use contactless delivery by which our delivery partners may leave the items at your door or at a safe place with picture proof, without need for the recipient’s signature. We are not liable for any loss, theft or damage occurring to items after they have been successfully delivered to the doorstep of the given address via contactless delivery.
- Delivery may be subject to minimum order amounts and additional fees and charges, which will be notified to you at checkout.
- From time to time, Culina may offer the option to deliver the Products comprised in a single Order to multiple delivery locations. This will be notified to you at checkout and are subject to additional terms and conditions.
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Delays.
- We aim to deliver the Products constituted in your Order within two (2) business days. Any delivery dates stated during the order process (whether on the Website or by email) are estimates only.
- We will attempt to notify you if we expect to be unable to meet our estimated delivery date. The time for delivery shall not be of the essence, and to the extent permitted by law, neither we nor our agents shall be liable for any losses, liabilities, costs, damages, charges or expenses arising out of any delay in delivery howsoever caused.
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Redelivery. Culina will impose a redelivery fee of S$20 (or such other amount as determined by Culina at its sole discretion from time to time) if:
- you requested to change the delivery timeslot without sufficient prior notice to Culina;
- no person was present to receive the delivery within the delivery timeslot selected by you;
- an incorrect address was provided;
- the given address was valid but there was no such recipient at such address;
- no valid contact number was provided for Culina to reasonably attempt to contact to recipient to make delivery; or
- no person was present to receive the delivery and it was not appropriate or suitable to leave the delivery at the doorstep.
- Delivery in Singapore only. We only deliver Orders within Singapore (excluding Jurong Island). Deliveries expressed to locations in Jurong Island (if any) will be delivered to the Jurong Island Pass Office. We regret that we do not offer overseas deliveries at this point in time.
- Risk. All risk in the Products constituted in your Order shall pass to you upon delivery and from such time that risk passes to you, we will not be liable for any loss or destruction of any such Products.
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Delivery.
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RETURN, EXCHANGE AND REFUND POLICY
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Refund or Exchange only in Limited Circumstances. All Products purchased on the Website may NOT be returned for a refund or exchange except in the limited circumstances where a Product:
- is defective or damaged during the handling and delivery process, where such defects or damage are directly attributed to Culina's fault;
- is past its best before/expiry date at the time of receipt by you; or
- is materially different from the Product that you had ordered.
- Your Responsibility. You must check the Products upon collection or delivery to ensure that the Products correspond with your order and are in acceptable condition. If any Products are defective or incorrect, please submit a request to us at eshop@culina.com.sg within 3 days of receipt of the delivery and provide all relevant information (including order number and details, photo proof of the defect or incorrect item).
- Right to Reject. Culina will evaluate each return request in accordance with its internal policy and reserves the right in its sole and absolute discretion to reject any return, exchange or refund request quest including without limitation, where it deems that the transaction is fraudulent or such request has no merit. Culina is not obliged to give a reason for rejecting any return, exchange or refund request.
- Culina’s Discretion as to Appropriate Remedy. Culina retains the right to determine, in its sole and absolute discretion, the appropriate remedy for any accepted return, exchange or refund request, which may include without limitation a full or partial refund, an exchange for the same Product, an exchange for a different Product or a combination of the foregoing. Culina’s decision is final and you are not entitled to request for a different remedy or replacement Product.
- Replacement or Undelivered Products. If Culina has offered to replace a Product or to redeliver an order which you did not receive, our customer service team will contact you to arrange delivery the replacement Product at no extra cost to you.
- Erroneous Additional Products. Culina reserves the right to collect from you any Product or any item which did not form part of your Order but was included erroneously in the delivery package to you.
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Refund or Exchange only in Limited Circumstances. All Products purchased on the Website may NOT be returned for a refund or exchange except in the limited circumstances where a Product:
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DISPUTES
- At Culina, we are committed to providing you with a pleasant and enriching wellness experience. If you have any queries or issues relating to the Website, our services or any Products or you would like to give feedback, please contact us at eshop@culina.com.sg, and we endeavour to be in touch with you within three (3) working days.
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COMPLIANCE WITH ADDITIONAL TERMS, HOUSE RULES, POLICIES AND LAWS
- If you fail to comply with any provisions of these Terms, Culina reserves the right, without prejudice to its other rights, to (i) request that you leave the premises of any of our establishments, (ii) suspend or terminate the provision of any Service (whether in person at our establishments, online via this Website or otherwise) to you without liability to you.
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CONFIDENTIALITY
- Culina shall at all times keep confidential and not disclose to any third party confidential information except as permitted by this Clause 5 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to its own confidential information.
- Notwithstanding Clause 5.1 above, Culina may disclose confidential information:
- to Culina affiliates and third-party payment providers;
- to its officers, directors, employees, auditors, advisors, subcontractors and other persons providing services to it where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for Culina to perform its obligations under these Terms;
- where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and
- to any other person where necessary for the performance of its obligations under these Terms with your consent.
- Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 5 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.
- INTELLECTUAL PROPERTY RIGHTS
- The Website and all materials, including but not limited to photographs, illustrations, videos, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programmes, products and/or services offered by any part of Culina and/or the COMO Group (the “Content”) are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property Rights”) owned, licenced to or controlled by Culina and/or the COMO Group.
- You are strictly prohibited from, and expressly agree that you will not: (i) use, upload, download, record, alter, copy, reproduce, re-publish, transmit, communicate, distribute, disseminate, decompile, disassemble, modify, adapt, create derivative works of, or exploit in any way, the Website and/or any Content or any part thereof; (ii) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with the Website and/or any Content; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Website and/or any Content; (iv) access or use the Website and/or any Content in an unauthorised, unlawful, illegal, fraudulent or harmful manner or in connection with any unauthorised, unlawful, illegal, fraudulent or harmful purpose or activity; (v) access or use the Website and/or any Content in any way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Content or in any way that causes, or may cause, damage to the Website and/or any Content or impairment of the availability or accessibility of the Website and/or any Content; (vi) access or use the Website in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (vii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or connected network; (viii) access, monitor, or copy any element of the Website and/or any Content using a robot, spider, scraper or other automated means or manual process without our express written permission; or (ix) sell, resell, or make commercial use of the Website and/or any Content, unless you have an executed agreement with us that expressly allows for such activity.
- Culina and the COMO Group retain all rights, title and interest in all Intellectual Property in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of Culina and/or the COMO Group, including those on this Website.
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PERSONAL DATA
- You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to us at the time of registering your account on our Website and any Payment Card details) may to the extent that it is reasonably necessary in connection with the Services be collected, processed and used by Culina and its affiliates and be disclosed in accordance with our privacy policy (“Privacy Policy”).
- You can access our Privacy Policy here and you hereby represent that you have read, understood and agreed to our Privacy Policy, which may be amended from time to time.
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DISCLAIMERS
- Culina does not adopt any representation or warranty of any kind, by any manufacturer or merchant or distributor or supplier or agent of any Products which are offered for sale through the Website.
- While we use all reasonable efforts to include accurate and up-to-date information on the Website, Culina does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. Culina assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Website. Information provided is subject to change at any time without prior notice.
- The Website and the e-commerce service is provided on an “as is” and “as available” basis and Culina expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to (a) warranties that the functions provided on the Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected; (b) warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Products, Content, Website and any third party websites with which they are linked; (c) improper remedy of defective Products, alteration of the Products, unsuitable or improper use, wilful damage, negligence, or other misuse of the Products, as well as fair wear and tear, by you or any third party; or (d) third party claims, whether directly or indirectly caused by, or relating to, the Website, the Content and/or the Products purchased on or through the Website.
- Any material which you download or otherwise obtain through the use of the Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither Culina nor any of our affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of the Website, or any uploading, downloading of any Content or information (all of which are not authorised) from the Website.
- While Culina will use our best endeavours to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website. No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Culina cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
- The Website may contain links to other websites and pages which are not controlled, maintained or endorsed by Culina. By clicking on or activating such links, you acknowledge that the Culina is not responsible for the consequences of your activities on the third-party websites and is not liable in any way whatsoever to you. Culina does not represent or exercise control over such third party and such third party is neither an agent nor servant of Culina. Any data or any information which you give to any other entity after leaving the Website is entirely at your own risk. Culina and our affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and Culina and our affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
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LIMITATION OF LIABILITY
- To the fullest extent permitted by law, Culina is not responsible for and shall not be liable for any losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of the Website, Content and/or any Products. Accordingly, you hereby release Culina, the COMO Group and all of our affiliates (and our agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any losses or damages of any kind arising out of or in connection with your use of the Website and the services provided therein and/or any Products.
- To the maximum extent permitted by law, Culina shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Website and the services provided therein and/or any Products. In no event shall Culina's aggregate liability for all claims related to the Website and the services provided therein and/or any Products exceed the total sum paid by you for the relevant Order and/or Product(s) purchased by you.
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INDEMNITY
- You agree to indemnify and hold Culina and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Culina and/or any of its affiliates may suffer or incur due to or arising out of in connection with:
- your breach of any of the provisions of these Terms;
- your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity;
- your violation of any law and/or regulation; and
- otherwise in connection with these Terms and your use of the Services and/or this Website.
- You agree to indemnify and hold Culina and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Culina and/or any of its affiliates may suffer or incur due to or arising out of in connection with:
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MODIFICATION OF TERMS
- These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Website or until terminated by Culina. Culina reserves the right to modify, add, vary or amend all or part of these Terms from time to time without prior notice to you, and such revised Terms shall be posted on the Website. Your continued use of the Website after such changes are posted on the Website shall be deemed an agreement by you to these Terms as modified. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to discontinue your use of the Website.
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BREACH OF THESE TERMS
- Culina shall determine in our sole discretion whether there has been a breach of these Terms through your use and/or access of the Website. Without prejudice to Culina’s other rights under these terms, if you breach any of these Terms in any way, Culina may take such action as we deem appropriate to deal with such breach, including issuing a warning to you, suspending or prohibiting your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, commencing legal proceedings against you and/or disclosing to law enforcement authorities such information as we deem necessary.
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COMOCLUB
- As part of the COMO Group, Culina is a participating entity in the Comoclub Recognition Programme, which is the group-wide loyalty programme for the Como Group administered by Como Club Pte. Ltd. (“Comoclub”).
- Comoclub members may receive benefits from purchases made on this Website, including but not limited to earning points for their Comoclub membership. The earning of points or use of such points on this Website (where applicable) are subject to additional terms and conditions which will be notified to you. Kindly note that the Comoclub benefits offered in connection with purchases made on this Website may differ from the benefits offered on other COMO Group entities’ websites or physical establishments. Any retrospective Comoclub points that you are eligible to earn via this Website will be issued to you within 10 days (or such other time period as determined in the COMO Group’s discretion from time to time)from the date on which your Order is delivered.
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GENERAL PROVISIONS
- Feedback. Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. Culina reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates in connection with the development, marketing, manufacturing of products and services.
- Access to Website. Culina reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
- Modification and Discontinuation of Services. Culina reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the Website and/or the Services, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.
- Force Majeure. Culina and its affiliates shall not be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any Government or administrative agency strikes, labour disputes (whether or not involving Culina’s or its affiliates’ employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of Culina, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation or communication services.
- These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Website or until terminated by Culina.
- No Waiver. No failure, delay, relaxation or indulgence on the part of Culina in exercising any power or right conferred upon it in these Terms shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.
- Severability. If any provision of these Terms is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms.
- Third Party Rights. Except for all affiliates of Culina and the COMO Group, no other person shall have any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce or enjoy any benefit under these Terms. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms.
- Entire Agreement. These Terms constitute the entire agreement between you and Culina with respect to your use of this Website and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Culina and/or its affiliates in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by Culina and/or its affiliates.
- Governing Law. These Terms shall be governed by, and interpreted in accordance with the laws of Singapore.
- Dispute Resolution. The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of this Website (including a dispute regarding the existence, validity or termination of these Terms (a “Dispute”).