T&C | SIMPLEburger Inc.

Terms and Conditions for Online Sale of Products

1. Introduction

These Terms and Conditions apply to any orders and purchases made on SIMPLEburger Inc. (www.simpleburgerinc.com), SIMPLEburger Inc’s online ordering sites and food delivery partner’s website. Hoong Services Pte Ltd (operating SIMPLEburger Inc. outlets at MyVillage, Suntec City and Jem) (“SIMPLEburger Inc.”, “we”, “us”, “our”) reserves the right to amend/update this Terms and Conditions at its sole discretion without notice to the Customer and any amendment or update will apply to orders and purchases made after such amendment or update. We at SIMPLEburger Inc. know that our customers (“you,” “your”) care about how your personal information is gathered, used and shared, and we take your privacy very seriously. Please read this Security & Privacy Policy (“Policy”) to understand how SIMPLEburger Inc. may gather, use and disclose your personal data, whether through the SIMPLEburger Inc. website at www.simpleburgerinc.com (“Site”), or otherwise in the course of our normal business operations.

2. Personal Data Protection Act

2.1 Consent

By accessing the Site you are to provide your personal data to SIMPLEburger Inc., you hereby acknowledge that you have read this Policy and that you are giving permission to the collection, usage and disclosure of your personal data by SIMPLEburger Inc. in accordance with this Policy. If you do not agree to the terms of this Policy, please do not access the Site or provide your personal data to SIMPLEburger Inc. SIMPLEburger Inc. does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with SIMPLEburger Inc. (“Account”). If you are under 18, please do not use the Site, or attempt to register an Account or send any personal data about yourself to us. SIMPLEburger Inc. collects personal data that you voluntarily provide to us, whether through the Site, or other platforms or channels (such as through email, telephone and other forms of communication). At various places on the Site or in the course of obtaining the services provided by SIMPLEburger Inc., you are to provide certain personal data such as your full name, email address, address, country of residence, telephone number and other personal information, in order to access or use certain features or services of the Site or to otherwise obtain our services. For example, personal data may be collected when you register an Account, make a purchase, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact our customer service or helpdesk via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site, or to obtain certain services from us.

2.2 Usage of your data

SIMPLEburger Inc. collects personal data in order to provide our products and services to you, and to customize and improve our services and your customer experience with SIMPLEburger Inc. Personal data collected by SIMPLEburger Inc. may be used:

To process, record, monitor and fulfil your orders and deliveries;
To plan and schedule routes for deliveries;
To authenticate and process your personal particulars and payment;
To communicate with you, including to confirm and update you on the status of your orders and deliveries, and reply to your queries and requirements;
To improve our products or services;
To communicate to you of promotions, offers, surveys, events, products and services, which may be of your interest;
To conduct market research, user profile and statistical analysis;
To update and back-up our records;
To decrease credit risk, detect and protect us against error, fraud and other criminal activity;
To comply with law, the requests of law enforcement and regulatory officials, or orders of court;
To enforce our legal rights and remedies; or
For such other purposes notified to you on or before collection or use of the data.

2.3 Data Disclosure

We do not trade or sell your personal data to any third party. Your personal data will never be disclosed by SIMPLEburger Inc. to any third party, except for:

Administering and maintaining your account with us, including administering any benefits and entitlements;
Engaging third party service providers to perform certain aspects of the services offered by APPzgate, Rapyd, Getz Payment platform;
Unless you inform us that you do not wish to obtain such information, sending you information from time to time through e-mail and post about products and services, promotions and special offers, upcoming events and other information which may be of interest to you;
Notifying you about important changes to the membership program;
Responding to enquiries or feedback from you;
Enforcing these Terms and Conditions and our legal rights and remedies; and
For such other purposes as permitted by applicable law or with your consent.

SIMPLEburger Inc. will use reasonable endeavours to ensure receivers of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012 No. 26 of 2012 (“PDPA”).

2.4 Data Security

As your Account is secured by a password for your confidentiality and security, we ask that you take caution to protect against illegal access or use of your Account. You are liable for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorised password use.

SIMPLEburger Inc. does not warrant or guarantee in any way that your personal information or private communications will permanently remain private and/or safe. SIMPLEburger Inc. hereby disclaims any accountability or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence.

3. Termination And Deleting Account

You may submit a request for deletion of your account by sending an email to enquiry.simpleburger@hsg.com.sg. Do note that some information may remain in our private records after deletion of your account. If you do not wish to accept email or other communications from us, you may wish to unsubscribe from our mailing list by using the unsubscribe facility that may be provided with such email or communication, or contact us at enquiry.simpleburger@hsg.com.sg to unsubscribe. If you violate any of these Terms and Conditions, your permission to use the Site may be suspended or revoked, and we reserve the right to suspend or terminate your access to, and use of, the Site at any time.

4. Intellectual Property

You agree that the SIMPLEburger Inc. website contains information, data, software, photographs, graphics, typefaces, music, sounds and other material (collectively) that are safeguarded by copyrights, trademarks, database and other intellectual property rights owned by us or our suppliers. You are not to modify, reproduce, copy or distribute any of the content on any SIMPLEburger Inc. website or platform for commercial or personal purposes without our prior consent.

5. Pricing And Product Information

Whilst every effort is made to fulfil orders in terms of price, details and size through the Site, SIMPLEburger Inc’s online ordering sites and food ordering partner’s website, SIMPLEburger Inc. expressly reserves the right to vary the price and other details of the products without notice. As much as SIMPLEburger Inc. tries to reflect the actual product size, details and price as provided on the Site, SIMPLEburger Inc’s online ordering sites and food ordering partner’s website, SIMPLEburger Inc. is not liable for the situation when their products differ from that described on the Site, SIMPLEburger Inc’s online ordering sites and food ordering partner’s website.

SIMPLEburger Inc. has made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor screen settings, we cannot guarantee that your monitor display of any colour will be accurate.

6. Order Confirmation

Customers will receive an order confirmation upon successful bidding. If you do not receive the confirmation email, you may message SIMPLEburger Inc. through email: enquiry.simpleburger@hsg.com.sg.

7. Order Cancellation

Customers would not be able to change or cancel the order any time after payment has been made.

8. Refund Policy and Limitations

All food products are deemed perishable and could be temperature sensitive. You should consume food products as soon as practicable and store these appropriately if you do not as food products may not be edible or may be unhealthy or harmful otherwise.

SIMPLEburger Inc. upholds our product handling processes very strictly and items purchased cannot be exchanged, returned or refunded unless the item has been delivered in a damaged condition and rejected upon delivery. Damaged products rejected on delivery will be replaced or refunded (by our food ordering and delivery platform partners or at our option). Any replacement will only be made once our customer service team is able to confirm the next delivery to your zone or within 72 hours of reporting.

Should you have any questions, please email enquiry.simpleburgerinc@hsg.com.sg.

To the fullest extent permissible pursuant to applicable law:

SIMPLEburger Inc. disclaims all warranties, express or implied in respect of its food products;
SIMPLEburger Inc.'s aggregate liability to you for any and all causes of action in relation to any order, sale or delivery of any product by SIMPLEburger Inc. under these Terms and Conditions shall not exceed the price of the product giving rise to such claims and in all other cases not involving the order, sale or delivery of a product (including any use of the Site, App, or Services), shall not exceed S$1;
in no event shall SIMPLEburger Inc. be liable for any indirect, special, consequential, or incidental damages including any that result from any order, sale or delivery of any product by SIMPLEburger Inc., the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if SIMPLEburger Inc. or any SIMPLEburger Inc. authorised representative(s) has been advised of, or should have foreseen, the possibility of such damages.

9. Promotions, promo codes and other privileges

Promotions are only valid for the time period specified by SIMPLEburger Inc. and are on a while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock. The following terms shall apply to the use of promo codes:

9.1 Each promo code is only eligible for a single-use and is only valid for the time period specified by SIMPLEburger Inc.

9.2 Use of any promo code must be indicated at the time of checkout, and all information required by SIMPLEburger Inc. must be provided. No retroactive use of the promo code is permitted.

9.3 A minimum spend may be required before use of the promo code is permitted.

9.4 SIMPLEburger Inc.inc reserve the right to vary or impose such other terms and conditions, as deemed appropriate from time to time by posting varied terms and conditions on the Site or through the app. SIMPLEburger Inc’s decision on all matters relating to promotions, discounts, promo codes and other privileges is final and binding.

9.5 SIMPLEburger Inc. reserves the right to discontinue any promotions, discounts, promo code programmes and privileges at any time without notice or liability.

10. Right To Amend Policy

SIMPLEburger Inc. reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site. This Policy is governed by and shall be construed in accordance with Singapore law including without limitation the provisions of the Evidence Act (Chapter 97), Electronic Transactions Act (Cap. 88) and the PDPA, without giving effect to any principles of conflicts of law. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.

11. Use of the Site, Content, App and Services

While we make every effort to ensure that the Site, SIMPLEburger Inc’s applications (“App”), services provided by SIMPLEburger Inc. (“Services”) and all SIMPLEburger Inc. content (“Content”) is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SIMPLEburger Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, SIMPLEburger Inc. does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. SIMPLEburger Inc. does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability or otherwise. The Site, App, and Service are provided to you strictly on ‘as is’ basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness, for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services. Your use of the Site, App, or Services and any third party services or products remain solely with you to the maximum extent permitted by law.

You agree that:

SIMPLEburger Inc. shall be entitled at any time, at its sole and absolute discretion and without prior notice to add, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and access to or operation of the site, the App, and/ or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
SIMPLEburger Inc.'s Site, App and Service may be subjected to limitations, delays and other problems inherently and in any such event, SIMPLEburger Inc. shall not be liable for any loss, liability or damage, which may be incurred as a result. To the fullest extent permissible pursuant to applicable law, in no event shall SIMPLEburger Inc. be liable to you for any damages, losses, expenses, liabilities under any cause of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device. In the event that SIMPLEburger Inc. is liable for damages despite the foregoing provision, you agree that SIMPLEburger Inc.'s aggregate liability to you for any and all causes of action in relation to any order, sale or delivery of any product by SIMPLEburger Inc. under these Terms and Conditions shall not exceed the price of the product giving rise to such claims and in all other cases (including any use of the Site, App, or Services), shall not exceed S$1. To the fullest extent permissible pursuant to applicable law, in no event shall SIMPLEburger Inc. be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if SIMPLEburger Inc. or any SIMPLEburger Inc. authorised representative(s) has been advised of, or should have foreseen, the possibility of such damages.

You agree that the exclusions and limitations of liability in these Terms and Conditions (including paragraphs 8 and this paragraph) are reasonable including enabling the Services and the Content to be provided by SIMPLEburger Inc. at either reasonable costs or no cost to you.

12. Suspension And Termination

You agree that SIMPLEburger Inc. has the right in its sole and absolute discretion and without notice or liability to:

Restrict, suspend, or terminate your access to all or any part of the Site, App, or Services; and/or
Terminate, deactivate or suspend your account, delete your account, and all related information and file in your account without assigning any reason.
Without prejudice to the generality of the above, SIMPLEburger Iinc. reserves the right to deactivate your account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms and Conditions.

13. Notification Of Infringement

SIMPLEburger Inc. reserves the right to investigate the notices of copyright, trademark and other intellectual property infringement (‘Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App, or Services, please notify SIMPLEburger Inc. in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”) All infringement notices shall be sent to SIMPLEburger Inc. addressed as follows:

SIMPLEburger Inc.
Blk 69 Oxley Bizhub #09-18, Singapore 408731
Email Address: enquiry.simpleburger@hsg.com.sg
Attention: Customer Service Team

SIMPLEburger Inc. will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SIMPLEburger Inc. in respect of any Infringing Material, unless you have first given SIMPLEburger Inc. the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SIMPLEburger Inc. refuses or fails to remove the Infringing Material within a reasonable time. Where SIMPLEburger Inc. removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SIMPLEburger Inc. under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by SIMPLEburger Inc. You acknowledge and agree that SIMPLEburger Inc. has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through linked sites or other third party sites.

14. Governing Law And Jurisdiction

These Terms and Conditions and all matters relating to your access to, or use of, the Site, App and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronics Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.